corporation's liability for the act of its representative

Even if the representative director of a company borrowed money under the name of the company for the purpose of self-consumption or borrowed money in excess of the authority of the representative director of the company with an opportunity to be in the position of the representative director, the company shall not be exempted from liability unless the other party proves that he knew or could have known the above circumstances at the time of lending money.

Articles 395, 209, 269, 389, and 567 of the Commercial Act

November 24, 1955, Supreme Court Decision 428Da340 delivered on November 24, 195 (Supreme Court Decision 4933 delivered on November 4, 195, Decision Article 395(1)743 of the Commercial Act)

Plaintiff

East Aeronautical Transport Corporation

Gwangju District Court of First Instance (75Gahap267)

The defendant's appeal is dismissed.

The costs of lawsuit after appeal shall be borne by the defendant.

The defendant shall pay to the plaintiff 2,850,000 won with 25% interest per annum from April 26, 1975 to the full payment.

Litigation costs shall be borne by the defendant.

The above paragraph (1) can be provisionally executed.

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All the costs of lawsuit shall be borne by the plaintiff in the first and second instances.

In light of the purport of the oral argument, the court below's witness Gap evidence Nos. 1 and 2 (Certificate of Seal Nos. 2) which are acknowledged to have been authenticity by the testimony of the non-party 1 and the non-party 1's testimony of the above witness Gap's testimony and the result of the plaintiff's examination, it can be acknowledged that the plaintiff collected from the non-party 1, the representative director of the defendant company, at the time of November 25, 1974, the rate of 2,850,00 won was 3% per month, and the due date was 5% per annum from April 25, 1975. The testimony of the court below and the non-party 2 of the party hearing witness No. 5 cannot be trusted in light of the above evidence, and there is no other subsequent materials to do so, and the defendant tried to use the above amount as the representative director of the defendant company's representative director at the time of loan and tried to consume it with the non-party 1's own loan or loan. The plaintiff is not guilty.

Therefore, the plaintiff's claim of this case shall be accepted with reasonable grounds, and the judgment of the court of first instance is just and without merit, and the defendant's appeal is dismissed, and the costs of the lawsuit after the appeal shall be borne by the losing party and it is so decided as per Disposition.

Judges Noh Byung-man (Presiding Judge)