Relationship between the corporation and the corporation's interests with respect to which the representative director of the corporation issues its promissory notes in order to secure the liabilities of the corporation.

If the representative director of a corporation issues a promissory note with the company's name in order to guarantee the company's obligation to others, and immediately endorsed it to others, it cannot be deemed that there is a conflict of interest between the company and the representative director.

Article 265 of the Commercial Act

3. 2 others

Seoul High Court Order 4294Doha326 Dated December 13, 1961

An appeal shall be dismissed.

The reason for appeal shall be determined by the appellant.

Although the appellant did not assert that there was no approval from the auditor in the issuance of a promissory note referred to in this issue, the appellant did not claim in the first instance trial, and under the evidence No. 1 (Promise Bill), Nonparty 1 who is the representative of the Telecommunication Co., Ltd. and Nonparty 2 issued the Promissory Notes in his own future and immediately transferred the endorsement to Nonparty 3, it should not be clear that Nonparty 1 issued the Promissory Notes in his own future to secure the company's obligations, and it is not necessarily a case where the company's interests are opposed to the company. Thus, the appellant's assertion that the Promissory Notes is null and void, and the dismissal of the court below's application for temporary suspension of compulsory execution by the declaration of provisional execution of the judgment of the first instance is lawful unless there are any special circumstances. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Supreme Court Judge Lee Young-chul(Presiding Judge) (Presiding Judge) Dog-Jak and Mag-Jak, Kim Ho-soon, Mag-man, Manb