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(영문) 서울고등법원 2017.03.24 2016나2032641
공탁금출급청구권
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 court's explanation of this case is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The further determination of this Court

A. If the party who entered into a voyage charter with Defendant C is not the non-party company but the non-party company, the Defendants and the non-party company indicated that Defendant B is the agent of the non-party company (ACCT) in the document No. 2, and made a false declaration of conspiracy with Defendant C that “Defendant B enters into a contract with the non-party company on behalf of the non-party company”. Thus, pursuant to Article 108(2) of the Civil Act, the plaintiff cannot be asserted as a bona fide third party pursuant to Article 108(2) of the Civil Act.

B. According to the evidence No. 2 of the judgment of the court below, the defendant C's signature and seal is recognized under the statement "ACCT" No. 1 of the sexual summary prepared by the defendants, and the signature and seal of the party to the contract of the end of the end of the above sexual summary No. 2 is written "on the part of the defendant B", and "on the part of the person to the contract of the end of the above sexual summary No. 2," and the signature and seal of the defendant C is written.

As above, each of the Defendants B and C’s signatures and seals is shown to have been signed and sealed by each of the Defendants B and C, respectively, by the representatives or competent personnel of the Defendants B and C, with the signature and seal of each of the Defendants B and C, and the signature and seal of the Defendants B and C was not indicated on behalf of the Nonparty Company in such part of the Defendant’s signature and seal.

In light of these circumstances, it cannot be said that the appearance, such as the expression of intent to conclude a charter contract on behalf of the non-party B on behalf of the non-party C, cannot be said to have been formed by only the statement of “ACC: B” on the part of Section 1 of the above sexual drug. Therefore, the Plaintiff’s assertion is without merit.

3. Accordingly, the Plaintiff’s claim is reasonable.

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