The case holding that the rights and obligations of the contract concluded on the basis of representative of the company during the incorporation belong to the established company.

If a company has entered into an automobile assembly contract as a representative of the company during the incorporation, the company following the registration of incorporation of the company shall be liable for the said contract necessary for the incorporation of the company.

Article 326 of the Commercial Act

Supreme Court Decision 70Da1357 delivered on August 31, 1970 (Kakadd. 9090, Supreme Court Decision 18Du298 delivered on Supreme Court Decision 172(1)727 of the Commercial Act)

Plaintiff

Safety Passenger Transport Corporation

Busan District Court (68Ga2513)

The judgment of the first instance shall be revoked.

The defendant shall pay to the plaintiff 1,450,000 won with 5% interest per annum from July 23, 1968 to the date of full payment.

All the costs of lawsuit shall be borne by the defendant in the first and second instances.

A provisional execution may be effected only under the above paragraph (2).

The same shall apply to the order.

In light of the above facts, Gap evidence No. 1 (the same as Eul evidence No. 1), Eul evidence No. 6, Eul evidence No. 4, Gap evidence No. 5-1, Gap evidence No. 5-10 (the articles of incorporation), non-party 1, non-party 2, and non-party 3's testimony of the court below and the whole purport of the parties' arguments, the non-party 4 were non-party 6's non-party 2's non-party 6's non-party 9's non-party 6's non-party 1's non-party 6's non-party 9's non-party 6's non-party 9's non-party 6's non-party 2's non-party 6's non-party 9's non-party 2's non-party 6's non-party 9's non-party 6's non-party 1's non-party 6's non-party 9's non-party 1's non-party 6's non-party 9's.

Therefore, although the automobile assembly contract was concluded before the establishment registration of the defendant company, it was concluded by the non-party 4 as the representative of the defendant company during the so-called establishment as above, and this is an act directly necessary for the establishment of the defendant company, so the rights and duties arising from the above contract shall naturally belong to the defendant company established. Therefore, the defendant company is liable for paying the automobile assembly price under the above contract. Meanwhile, in full view of the statement of the non-party 2's evidence which is acknowledged to be duly formed by the non-party 2's testimony, the testimony of the above witness and the whole purport of the parties' arguments, the non-party 2, the automobile assembly company, as the non-party 2, the automobile assembly company, as part of the automobile assembly price of this case, purchased the above 1.3 million won (the remainder: 1.50,000 won more than 1.550,000 won more than 1.550,000 won more than 1.550,000 won,000 won,0000 won,0 won.

Therefore, the plaintiff's claim for this case against the defendant, which is obviously the next day from July 23, 1968 to the full payment period, is legitimate, and therefore, the original judgment is improper to accept it differently from this purport. Thus, the original judgment is revoked pursuant to Article 386 of the Civil Procedure Act, and with respect to the provisional execution of Article 89 and Article 96 of the same Act, it is decided as per Disposition by applying Article 199 of the same Act with respect to the provisional execution of Article 19 of the same Act.

Judges Kim Tae-tae (Presiding Judge)