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(영문) 서울고등법원 2018.12.07 2018나2028493

부당이득금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows. The part of the reasoning of the court of first instance concerning this case is written as follows. The part concerning the plaintiff's additional assertion in this court is as stated in the reasoning of the court of first instance, except where the court attached the judgment as set forth in paragraph 2 below. Thus, this part of the reasoning of the court of first instance is cited in accordance with the main sentence of

o In the fourth instance judgment of the first instance court, the third letter "the first agreement" shall be added to "Article 3 (3) of the first agreement".

o Article 6 of the first instance court's decision, the second agreement shall be amended to "Article 3 of the second agreement" and the second agreement shall be amended to "Article 3 of the second agreement."

Article 5 (4) of the No. 1 of the No. 8 of the Judgment of the first instance court and the No. 16 of the No. 8 of the No. 1 of the No. 1 of the No. 1 of the No. 20000 shall be added to the fact that the Plaintiff is not complying with

o. Article 3(5) of the 2nd Arrangement provides that “In short, the Defendant shall be liable for damages if the Defendant did not immediately cancel the collateral security after the registration of the trust.” According to the evidence No. 2 of the 2nd Arrangement, as to the land of this case, the Defendant is only recognized to have cancelled the collateral security on the date when the registration of the trust was made in the first instance corporation.”

2. Additional determination

A. The plaintiff's assertion 1) The second agreement of this case constitutes the disposal of important assets and is subject to a resolution of the board of directors, but it is not possible for the plaintiff to pass a resolution of the board of directors. Since the defendant can be known that the second agreement of this case is subject to a resolution of the board of directors, the second agreement of this case is null and void. 2) Even if the conclusion of the second agreement of this case within the authority of the representative director of the plaintiff, the representative director of the plaintiff was within the authority of the board of directors, and the F of the second agreement of this case was made by abusing his authority