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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Plaintiff’s assertion
(1) Around September 2017, the Plaintiff entered into a contract with the Defendant for the supply of goods to be supplied to the Defendant at KRW 15,300/km 1958 and accordingly, the Plaintiff supplied the Defendant with KRW 1958.9km. Accordingly, the Defendant is obligated to pay the Plaintiff the price of the goods (i.e., KRW 29,971,170 x 15,300 x 170 x 1955) as the contractual party. (ii) The Plaintiff was in possession of the name of the Defendant’s director, and was in possession of the name of the Defendant’s representative director, and concluded a contract for the supply of goods to be provided to the Defendant for KRW 15,30 g and KRW 15,958 g, and the Defendant used the name of “director” to the Defendant. As such, B constitutes an expression representative director under Article 395 of the Commercial Act.
Therefore, the defendant is obligated to pay 29,971,170 won to the plaintiff.
Judgment
It is not sufficient to recognize the fact that a goods supply contract has been concluded between the plaintiff and the defendant, as alleged by the plaintiff, only with each statement or voice of Gap evidence Nos. 1 through 5 (including numbers, if any, if any; hereinafter the same shall apply) on the assertion of liability of the parties to the contract. There is no evidence
Therefore, the plaintiff's assertion that the defendant is liable to pay goods as a contracting party is without merit.
In order to hold the company liable for the act of the Apparent representative director under Article 395 of the Commercial Act, the third party who believed the act of the Apparent representative director shall be in good faith. In addition, it shall be limited to cases where the company allows the Apparent representative actively or implicitly.
In this context, in order for the company to permit the expression representative, the true representative director is permitted, or at least the number of directors prescribed in the articles of incorporation of the company to establish the board of directors at least for the purpose of establishing the board of directors' resolution even if it is not all the directors.