logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2017.08.25 2016나2073987
용역대금 지급 청구 등
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 reasons why the court of the first instance as to this case are stated are as follows: ① in addition to the matters alleged by the defendant in the trial, the contents of the following 2.3 is added, ② in addition to adding the contents of the 3.3.3.3. in the front of the 8.3.3., the court of the first instance cites them as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The defendant's argument at the trial of the defendant was solely transferred by C the claim amounting to KRW 315,206,976 in total of the price for the instant rearrangement project service contract and its value-added tax for the purpose of carrying out the instant lawsuit. Thus, the above assignment of claim constitutes a litigation trust and thus becomes null and void. However, the defendant's argument is not accepted since there is no evidence to acknowledge that the plaintiff was transferred the above claim by C for the purpose of carrying out the instant

3. Details to be added.

A. As to the acts of directors using titles which are recognized as having authority to represent the company by the president, vice president, managing director, managing director, or any other person having authority to represent the company under Article 395 of the Commercial Act, even if the directors do not have authority to represent the company, the company shall be liable to a third person acting in good faith. This applies mutatis mutandis not only to cases where the expressed representative director performs a juristic act using his/her name, but also to cases where he/she performs an act using the name of another representative director without using his/her name. In such a case of acting as a representative, the third person’s good faith or gross negligence is not against the existence of the expressed representative director, but also to whether

B. (See, e.g., Supreme Court Decision 2002Da40432, Jul. 22, 2003)

As alleged by the Plaintiff, G, the representative director of C, does not delegate to F the power of representation or power of representation relating to the instant agreement.

arrow