Text
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
purport.
Reasons
1. The reasoning for this part of the reasoning is the same as that of the reasoning of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. The parties' assertion
A. Upon receipt of a request from the Plaintiff C to register the Plaintiff as the representative director under the name of H (A), Co., Ltd., Ltd., J, and K, hereinafter “H”), the Plaintiff merely entrusted the Plaintiff’s seal impression and identification card to C, and did not delegate C with the authority to dispose of the Plaintiff’s property or manage and operate funds.
C without obtaining any authority from the Plaintiff, the Promissory Notes in this case was made using the Plaintiff’s seal imprint and identification card, which was kept in his custody, and entrusted the preparation of the Notarial Deed, and this is not effective against the Plaintiff as an act of unauthorized Representation.
In addition, the Defendant is a person sharing economic interest with C, which is the actual owner of C, as the representative director of E (the trade name of C was changed to F, a stock company G, a stock company; hereinafter “E”). The authentication of the Promissory Notes in this case is invalid in that C, a party whose name the Plaintiff is the party who is the party who is the party to whom the Plaintiff is the party, prepares a false deed in collusion with the Defendant without any cause for the purpose of transferring H’s shares acquired under the name of the Plaintiff through compulsory execution.
B. The Plaintiff registered as Defendant E’s intra-company director and H’s representative director, and entrusted his seal imprint and identification card to C for the relevant business affairs, and thus, it shall be deemed that C has granted C the right of representation for a comprehensive legal act, including the preparation of the Notarial Deed of Promissory Notes.
The Defendant changed C’s acquisition fund and G’s trade name into “stock company L”.