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(영문) 수원지방법원 2019.11.29 2018나89138
약정금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

The Defendant’s grounds for appeal citing the judgment of the court of first instance are not significantly different from the allegations in the court of first instance, and even if evidence submitted in the court of first instance shows additional evidence, the fact-finding and judgment in the court of first instance are recognized as legitimate (The Defendant, “F, a representative director in the form of the Defendant, was not entitled to conduct monetary transactions in the name of the Defendant without the approval of I, but the Defendant, using the seal of the Defendant voluntarily produced without the approval of I, written evidence No. 1 in the name of the Defendant (hereinafter “written statement of payment”), thereby making the instant statement of payment constitutes a forged document where the authenticity of payment is not recognized, and even if not, the said statement of payment is null and void as it was made by F’s unauthorized act.” However, the legitimate representative director of the corporation was entitled to do all judicial or extra-judicial acts with respect to the company’s business, which was made by the representative director, and the act of preparing a representative director under the name of the company by using it shall not be deemed legitimate within the scope of the general meeting of shareholders or shareholders’ right.

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