Whether Article 395 of the Commercial Act shall apply where an apparent representative director uses the name of another representative director.

The provisions concerning the liability of a company by acts of apparent representative director under Article 395 of the Commercial Act shall apply not only to cases where an apparent representative director has done a juristic act by using his/her own name, but also to cases where he/she has done an act using another

Article 395 of the Commercial Act

Plaintiff 1 and six other parties to the lawsuit, who are the deceased Nonparty 1’s taking-off of lawsuit, are attorneys Lee Tae-hun and Kim Jong-sung (excluding Plaintiff 1)

Sungsung Industrial Co., Ltd., Counsel for the defendant-appellant

Seoul Central District Court Decision 85Na380 delivered on April 15, 1986

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

1. As to the grounds of appeal Nos. 2 through 5, the court below found that the executive director in charge of the defendant company's accounting is responsible for the management of the funds of the defendant company, and the court below acknowledged the fact that the non-party No. 1 transferred the bill to the plaintiff on September 7, 1984 and became the last holder of the bill and requested the plaintiff to pay the bill discount to the non-party No. 3 through the deceased non-party No. 2 without any specific authorization. The non-party No. 3 knew of the circumstance that the above non-party No. 1 was making a financing by means of endorsement of the bill, etc. as the managing director in charge of the defendant company's accounting, and the non-party No. 1 knew of the fact that the bill was endorsed in his name on behalf of the defendant company. The court below did not err in the misapprehension of the rules of evidence or the obligation to pay interest under the Bills of Exchange and Promissory Notes Act to the plaintiff as the endorser of this case.

2. As to the first ground for appeal:

Provisions concerning the liability of a company by the act of an apparent representative director under Article 395 of the Commercial Act shall apply not only to cases where the apparent representative director performs a juristic act by using his/her own name, but also to cases where he/she performs an act by using another representative director's name without using his/her own name, and there is no error in the theory of lawsuit in the original judgment which

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.

Justices Yoon Young-young (Presiding Justice)