(영문) 서울남부지방법원 2015.01.29 2014가합11001

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2015.01.29 2014가합11001

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On February 14, 2014, the notarial deed of monetary loan contract for consumption amounting to KRW 300 million, which was the representative director of the Plaintiff company, entered the Plaintiff’s assertion in the name of the Plaintiff company, was borrowed from the Defendant in order to repay his/her personal debt, but was written in the name of the Plaintiff company by abusing the power of representation without a resolution of the board of directors of the Plaintiff company, and the Defendant was well aware of such circumstances.

Therefore, since C’s monetary loan agreement entered into with the Defendant by abusing the power of representation without a resolution of the board of directors of the Plaintiff Company (hereinafter “instant loan”) is not effective against the Plaintiff Company, compulsory execution based on the notarial deed of the said monetary loan agreement against the Plaintiff Company is impermissible.

2. Determination

A. On February 14, 2014, the fact that C, the representative director of the Plaintiff Company at the time of borrowing the instant loan, borrowed KRW 300 million in the name of the Plaintiff Company, and prepared and executed a notarial deed under the name of the Plaintiff Company, is either dispute between the parties or can be recognized by the statement of evidence No. 1. Thus, the Defendant, barring any special circumstance, has a claim of KRW 300 million against the Plaintiff Company.

B. Even though the representative director of a stock company’s judgment on the Plaintiff’s non-existence of a resolution of board of directors did not undergo an external transaction which must undergo a resolution of the board of directors, such resolution by the board of directors is merely

As such, unless the other party knew or could have known that there was no resolution of the board of directors, the transaction is effective.

In this case, the other party to the transaction must be deemed to have known or could not have known that the resolution was not adopted by the board of directors.

(Supreme Court Decision 2005Da3649 Decided July 28, 2005). We can lives.

참조판례

-대법원 2005. 7. 28. 선고 2005다3649 판결

유사 판례

-서울고등법원 2015.11.06 2015나2013780

-울산지방법원 2014.08.27 2014가합648

-수원지방법원성남지원 2015.10.29 2015가단207203

-인천지방법원부천지원 2014.05.27 2013가단7334

-대법원 2008. 11. 27. 선고 2006도9194 판결