양수금
1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
1. Determination on the cause of the claim
A. In fact, A Co., Ltd. (hereinafter “A”) supplied the Defendant with goods, such as handphone cases, and had a claim for the amount of KRW 135,99,657 as of April 30, 2014.
A around June 2014, upon entering into a contract to transfer the above product price claim to the Plaintiff (hereinafter “instant contract for assignment of claims”), A granted the power to notify the assignment of claims, and on July 14, 2014, the Plaintiff notified the Defendant of the said assignment of claims and sent the notification to the Defendant on July 15, 2014.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 4, 6, 7, and 8, and the purport of the whole pleadings
B. Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the amount of claim for the price of goods that the Plaintiff acquired pursuant to the assignment contract of this case, KRW 135,99,657, and damages for delay.
2. Determination on the defense, etc.
A. 1) The defendant, who was delegated with the authority of the representative director as a whole by A representative director B, concluded the instant transfer contract, and therefore, the said contract is invalid as an act of non-exclusive representation. Accordingly, the plaintiff asserts that the said contract becomes null and void by the representative director B's declaration of ratification.
Although the representative director of a corporation comprehensively delegates his/her authority as the representative director to a third party to conduct the business of the corporation, it is not permissible to do so against the purport of the representative director system as an act detrimental to the interests of the corporation even if the third party is a person in de facto control over the company. Thus, unless the third party is individually and specifically delegated or approved by the representative director, a juristic act done in the name of the company by a person who is comprehensively delegated by the representative director shall be null and void as an unauthorized representation.