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1. The Defendant shall pay 30,140,000 won to the Plaintiff and 20% per annum from March 15, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The representative director C of the Defendant Company allowed D to use the post of the Defendant Company’s transfer in connection with the subcontract for the F&D between the Defendant Company and the C&D Co., Ltd., and ordered D to write down the post of transfer of the Defendant Company.
B. Around July 2013, D presented the above name to the Plaintiff, and concluded a construction materials transport contract between the Plaintiff and the Plaintiff on the condition that the Plaintiff would transport construction materials using heavy equipment.
C. Accordingly, the Plaintiff was responsible for transporting construction materials. At the Defendant Company’s site office, the Plaintiff confirmed the work log at the location where the director G of the Defendant Company is located along with D, and issued a tax invoice of KRW 1,089,000,000 as of August 2, 2013, October 2, 2013, 2013, October 31, 2013, 203, 31, 2013, 30,000 won as of October 30, 2013, 30,000 won as of November 30, 2013, and 9,7640,000 won as of December 30, 2013.
The Plaintiff received KRW 5,764,00,000,000,000 from the Defendant on September 16, 2013, KRW 9 million on October 24, 2013, and KRW 27.5 million on November 27, 2014.
[Ground of recognition] Facts without dispute, Gap evidence 1-1 to 6, Gap evidence 2, 4, Eul evidence 1, the purport of the whole pleadings
2. We examine the determination on the cause of the claim, and Article 395 of the Commercial Act provides that “In the event that the directors do not have the authority to represent the company, the company shall be held liable to a third person acting in good faith for the acts of the directors using titles such as president, vice president, managing director, managing director, or any other titles which can be recognized as having such authority
Article 395 of the Commercial Code provides for the company's liability for the act of a director who uses a name that can be recognized as having the authority to represent the company, so the expression representative director requires that he/she be qualified as a director, but this provision is based on its indication.