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(영문) 인천지방법원 2017.09.07 2016가단245127
약정금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for claim;

A. The Plaintiff’s C director, the Defendant’s D vice head, and the E Co., Ltd. (hereinafter “E”)’s F director, as the representative of each company, agreed on October 4, 2016 to pay the amount of goods directly to the Plaintiff from September 2016. As such, the Defendant is liable to pay the Plaintiff KRW 95,601,09 as the monthly payment.

B. Although D did not have the authority to act on behalf of the Defendant, since the Defendant expressed to D an intent to confer the power of representation on D regarding the above agreement, D’s act constitutes an expression representation under Article 125 of the Civil Act.

C. Even if D reached an agreement beyond its authority, the Plaintiff, the other party, has sufficient grounds to believe that D has legitimate authority. Thus, D’s act constitutes an expression representation under Article 126 of the Civil Act.

2. Facts of recognition;

A. The Plaintiff supplied E with mobile phone-based antenna products, and E supplied the above products to the Defendant.

B. E failed to pay the Plaintiff the amount for the first half of May 2016. On September 29, 2016, the Seoul Central District Court applied for commencement of rehabilitation procedures as Seoul Central District Court 2016 Gohap100242. On October 4, 2016, E received a preservative order as follows from the above court:

Until a decision is made on the application for commencement of rehabilitation proceedings with respect to rehabilitation cases, the debtor (E) shall:

1. He shall not commit any of the acts mentioned in Articles 1 to 4.

Provided, That if permission of this court is obtained in advance, such permission shall not be restricted.

1. The repayment of, or the offer of a security for, all monetary obligations arising before October 4, 2016;

2. Transfer of the ownership of any property owned by the debtor subject to registration or record, such as real estate, automobiles, mid-terms, patent rights, and any other property with a maturity of five million won or more, establishment of a security right to lease or any other disposition (excluding the disposal of the property that falls under continuous and normal business activities, raw materials, etc.);

3. The borrowing of money on any pretext (including the discount of notes) shall be 4.

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