The appeal is dismissed.

The costs of appeal are assessed against the Plaintiff.

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The act performed by the representative director of a stock company within the scope of his/her representative authority shall be effective once as an act of the company even though the representative director abused his/her authority for the purpose of pursuing his/her own interest or a third party, regardless of the company's profit. However, if the other party to the act knew or could have known the representative director's intention, the act shall be null and void against the company (see, e.g., Supreme Court Decisions 97Da18059, Aug. 29, 197; 2005Da3649, Jul. 28, 2005). Furthermore, the court shall determine whether the allegations are true in accordance with logical and empirical rules based on the ideology of social justice and equity based on free evaluation of evidence taking into account the entire purport of arguments and the result of examination of evidence (Article 202 of the Civil Procedure Act). The judgment of the court below did not go beyond the bounds of free evaluation of evidence

(2) On February 1, 200, the court below found that the representative director of X corporation (hereinafter “X”) issued W Co., Ltd. (hereinafter “X”) and concluded the instant mortgage contract with respect to each real estate of this case, X-owned company, in order to secure the repayment of corporate bonds guaranteed by X-listed company constitutes an abuse of his authority for the purpose of promoting the interest of the above related company and the defendant, regardless of X’s profit. Then, on the grounds of the circumstances stated in the judgment below (2) 1, the defendant confirmed that there was no security right or restriction on each real estate of this case, the ownership transfer registration of which was completed under X name, and concluded the instant mortgage contract in accordance with normal procedure, and confirmed that there was a legitimate resolution of the X board of directors.