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(영문) 광주고등법원(전주) 2019.06.20 2018나12082

장비임대료

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasons for the acceptance of the judgment of the court of first instance are as follows, and the reasons for the acceptance of the judgment of the court of first instance are as follows, with the exception of “2. Additional determination” as to the Defendant’s new assertion, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

(1) The reasoning for the Defendant’s appeal is not significantly different from the allegations in the first instance court. According to the evidence duly adopted and examined by the court of the first instance, the fact-finding and the judgment of the first instance court are justifiable). “Although the representative director of a stock company abused his authority within the scope of his/her own or a third party’s interest regardless of the company’s profit, the act of the company becomes effective once of its act. However, if the other party to the act knew or could have known the representative director’s intention, the act becomes null and void against the company (see, e.g., Supreme Court Decision 97Da18059, Aug. 29, 1997). In light of the following circumstances, the above facts, and evidence Nos. 7, 8, and 1, 7, 8, 2, 6, 10, 12, and 13 (in the case of documentary evidence number, each statement contained in the lease agreement included therein, it can be acknowledged that the Plaintiff either knew or could have known such a breach of trust by agreement or other evidence.

① In order to operate a golf course, unless there are circumstances where the equipment for managing the golf course is deemed essential, the lease contract for the instant equipment cannot be said to have no relation with the Defendant’s profit-making.

In addition, the defendant is dismissed from the office of representative director after March 19, 2015.