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(영문) 대법원 2015.07.09 2015다12499
대여금
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

Even if an act exceeds the scope of the representative director's power of representation, the trust of a third party who does not know the restriction of the representative authority should be protected if the act falls under the act within the scope of the company's capacity of representation. The representative director's act within the scope of the representative authority shall be effective once of the abuse of authority by the representative director for the purpose of promoting his or her own interest or a third party's interest regardless of the company's profit. However, if the other party has known or could have known the intention of the representative director, the act shall be null and void against the company.

(1) The Plaintiff, etc., purchased shares from March 26, 2007 to September 27, 2012, 201Da93520, etc.). According to the reasoning of the lower judgment, the lower court, based on the following: (a) was a holding company of the E group comprised of four KOSDAQ listed companies including the Plaintiff, etc., and 14 non-emergency services; (b) as the substantial largest shareholder of the E; and (c) was a holding company of the E group comprised of five KOSDAQ listed companies including the Plaintiff, etc.; and (d) was exercising substantial management rights for E and its affiliated companies as the total number of the above group; (b) was a company E and its affiliated companies from March 26, 2004 to March 207; (c) was trying to acquire shares of the Plaintiff at KRW 70 billion to preserve the Plaintiff’s shares; and (d) the Plaintiff purchased shares of the Plaintiff at KRW 700,700,000,00.

Furthermore, the lower court is based on its stated reasoning.

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