1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff entered into a contract with the Defendant’s wife C, representing the Defendant, to purchase the shares of the Defendant-owned D Co., Ltd. as follows.

- May 28, 2015 1,850 Shares; 210,100,000 Won; and 2,000 shares on December 18, 2015; 2,60,000 shares on June 1, 2015; 260,000,000 won on June 1, 2015; and 18 December 18, 2015.

Since the defendant did not transfer the above shares to the plaintiff, the defendant cancelled each share transfer contract, and claimed the return of the total of KRW 470,100,000,000, which was already paid as restitution.

2. Determination

A. The defendant asserts that C has no power to represent each of the above stock transfer contracts.

According to the statement No. 3-20 of the evidence No. 3-20, it is recognized that C refers to the defendant's agent at the time of the above share transfer contract and presented the defendant's certificate of personal seal impression to the plaintiff.

However, the seal imprint design and the seal imprint certificate are only one material that can recognize the power of representation, and they do not recognize the power of representation as a matter of course, and the burden of proof on the existence of the power of representation has the effect on the party who

(2) According to the reasoning of the lower court’s judgment, the lower court did not err by misapprehending the legal doctrine as to the establishment of a right to representation under Article 15(1)1 of the former Act. In so doing, the lower court did not err by misapprehending the legal doctrine as to the establishment of a right to representation under Article 18(1)1 of the former Act, as otherwise alleged in the ground of appeal.

B. The plaintiff asserts that, even if C is an unauthorized representative, C has indicated that it was awarded the power of representation by the defendant as the denial of the defendant, and therefore, the expression representative under Article 125 of the Civil Code is constituted.

However, in order to establish an expression agent under Article 125 of the Civil Code, the defendant must indicate to the plaintiff that the defendant shall confer upon C the right of representation for each share transfer contract of this case.

However, the plaintiff is the plaintiff.