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(영문) 서울중앙지방법원 2015.06.25 2013나54566
대여금
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 reasons for the court's explanation concerning this case are as follows: even if the evidence Nos. 22, 23-1, and 2 of the judgment of the court of first instance is added, it is insufficient to reverse the fact-finding of the court of first instance that "the defendant's joint representative director delegated the authority to make a comprehensive preparation of the credit transaction agreement of this case, including the signature and seal, to N, etc." and the defendant's assertion is identical to the reasons for the judgment of the court of first instance, except for adding the following judgments:

2. Additional matters to be determined;

A. The defendant's joint representative director's conclusion of the credit transaction agreement of this case and the financial advisory agreement accompanying it constitutes abuse of his/her representative authority for the purpose of promoting his/her own interest or a third party's interest, regardless of the defendant's profit. A, the other party to each of the above agreements, knew or could have known the above circumstances, and thus, the credit transaction agreement of this case is null and void.

In light of the overall purport of the arguments in the statement of evidence Nos. 21, 23-1, and 2, the defendant is a special purpose company (SPC) established on March 26, 2003, which was jointly invested on March 26, 200 by the defendant's joint representative director, F and U. F as joint representative director, M as chairperson of C Group, N as vice-chairperson, and N and real estate development implementation business. 85% of X shares as shareholders on the register of shareholders is M, N, etc., 6% of F and Y shares are F, F and U as beneficial shareholders, and U as joint representative director. 6% of F are beneficial shareholders, N and U as joint representative director. Then, N and U as joint representative director, N and U were appointed as joint representative director, ② N and the defendant shared the business of constructing Daegu apartment complex on the register of shareholders, U and U.N. in order to raise funds for the first time from the NN in Daegu City.

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