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(영문) 창원지방법원 2017.05.23 2016나5652

임금

Text

1. Revocation of the first instance judgment.

2. The Defendant shall pay to the Plaintiff KRW 4.27 million and to the Plaintiff the full payment from June 27, 2015.

Reasons

1. The plaintiff's assertion

A. In the meantime, the Plaintiff entered into a labor contract with C, which is the Defendant’s agent, and retired from office from office during the period from March 9, 2015 to June 12, 2015. Since the Defendant did not pay to the Plaintiff the sum of KRW 3050,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,00

B. Preliminaryly, even if C does not have the authority to act on behalf of the Defendant, C was the representative of the Defendant and entered into an employment contract with the Plaintiff, and the Defendant is obligated to pay the Plaintiff the above KRW 4.27 million and the damages for delay in accordance with the legal doctrine of the apparent representative director under Article 395 of the Commercial

2. Examining whether a judgment C has a legitimate authority to represent the defendant as to the primary argument, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

The plaintiff's above assertion is without merit without further review.

3. Judgment on the conjunctive assertion

A. Article 395 of the Commercial Act provides, “In the event that a director does not have the right to represent the company, the company shall be liable to a third party acting in good faith for an act of using a name that can be recognized as having the right to represent the company, such as president, vice president, managing director, managing director, or any other name.”

The above provision provides for the liability of the company for the acts of directors using a name that can be recognized as having authority to represent the company, so the expression representative director must be qualified as a director.

However, in order to protect a third party who trusted the external appearance in accordance with the doctrine of gold speech or the theory of external appearance by an indication, this provision, however, imposes a company which is responsible for the existence of such external appearance on the third party in good faith.

참조조문