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(영문) 서울중앙지방법원 2020.09.18 2019가단5110561
리스약정 무효 확인
Text

1. On July 30, 2018, an Oral Lease Agreement entered into between the Plaintiff and the Defendant with respect to the motor vehicles listed in the separate sheet is concluded.

Reasons

1. The purpose of the joint representative system in a stock company to determine the cause of a claim is to ensure the uniformity of management by allowing several representative directors to exercise their power of representation only in an external relationship, to exercise their power of representation, and to promote the benefit of the company by preventing abuse or misuse of the power of representation among representative directors (see, e.g., Supreme Court Decision 89Meu3677, May 23, 1989). Thus, where a joint representative is determined, the act by one of the joint representative directors on behalf of the company solely regardless of the intention of other joint representative directors shall not be effective against the company.

(See Supreme Court Order 200Ma934 Decided May 29, 200, etc.). According to the legal brief dated July 30, 2018 (Evidence Nos. 4, 7-1, and 1-1 of evidence Nos. 7, and 1-4 (including Nos. 4, 7-1, and 1 of evidence Nos. 1, and Defendant’s May 18, 2020), the term “ July 31, 2018” of the lease agreement (hereinafter “Lease Agreement”) concluded between the Plaintiff and the Defendant on July 30, 2018 between the Plaintiff and the Defendant appears to be a clerical error of the Plaintiff’s joint representative director D and E-1 of the Plaintiff’s joint representative director, regardless of the intention of another joint representative director, the act of the Plaintiff on behalf of the Plaintiff alone does not conflict between the parties, or as long as the Defendant’s assertion of the purport of the agreement in this case is null and void.

2. The Defendant asserts that, at the time of the instant lease agreement, the Defendant is a bona fide third party who had no choice but to believe D as the Plaintiff’s representative director, and thus, the Plaintiff is liable to the Defendant pursuant to Article 395 of the Commercial Act.

Two or more representative directors shall jointly represent the company.

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