The costs of appeal are assessed against the Plaintiff.

An act performed by the representative director of a corporation within the scope of his/her representative authority shall have the same effect as an act of the corporation once it has been committed by abusing his/her authority for the purpose of pursuing his/her own interest or a third party, regardless of the company's interest: Provided, That if the other party to the act knew or could have known the intention of the representative director,

(2) The court below rejected the Plaintiff’s claim for correction of the distribution schedule by asserting that G’s act of preparing disposal documents concerning the secured claim of this case, regardless of the Plaintiff’s profit, by abusing its authority as the representative director for the purpose of promoting the F or the Defendant’s profit regardless of the Plaintiff’s profit, and that it is difficult to recognize that G had known or could have known the abuse of the Plaintiff’s representative director’s right of representation, even if G formed the disposal documents by abusing its authority as alleged by the Plaintiff, it is difficult to find that H had known or could have known of the abuse of the Plaintiff’s right of representation, and even if H had abused its authority as the representative director, it may be deemed that H had created the instant secured claim of this case without a resolution of the board of directors. In addition, the court below determined that there was no evidence to support that H had known or could have known that it had known that H had created the creation of the instant secured claim of this case without the resolution of the board of directors.

The judgment below

Examining the reasoning in light of the aforementioned legal principles and records, the lower court’s determination is just and acceptable, and contrary to what is alleged in the grounds of appeal, the bounds of the principle of free evaluation of evidence against logical and empirical rules.