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(영문) 대전지방법원 2019.08.14 2018나110132
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of the court of first instance, citing the reasoning of the court of first instance, is the same as the ground of the judgment of the court of first instance, except for adding the following contents to the statement.

(However, the defendant asserts that the joint and several guarantee contract for the performance guarantee contract of this case, which is the former representative director, was concluded by abusing the defendant's power of representation and is not effective against the defendant.

Even if the representative director of a corporation abused his/her authority for the purpose of pursuing his/her own interest or a third party's interest, regardless of the company's profit, the act committed by the representative director of the corporation shall be effective as an act of the company once of its act. Provided, That if the other party to the act knew or could have known the intention of the representative director, the act shall be null and void against the company (see, e.g., Supreme Court Decision 2005Da3649, Jul. 28, 2005). The fact that the defendant guaranteed joint and several surety for the instant performance guarantee contract on or around March 2014 is identical to the basic fact, and the fact that the representative director of the

In light of the overall purport of the pleading in the above facts, it may be viewed that B concluded the above joint and several sureties contract by abusing the authority of the representative director for the purpose of promoting the interest of himself or herself or herself, who is a punishment, regardless of the defendant's profit.

However, it is difficult to believe that the Plaintiff stated the evidence No. 16 that it was consistent with the fact that the Plaintiff was aware of such truth, and the statement No. 17 alone is insufficient to recognize that the Plaintiff set the premium rate of the instant performance guarantee contract at the same level as the premium rate in the event that the Plaintiff has no joint and several liability guarantee in preparation for the case that the Plaintiff becomes invalid due to abuse of the power of representation. Rather, according to the purport of each statement and all pleadings in the evidence No. 11-1-3, the Plaintiff at the time is the Defendant.

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