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(영문) 인천지방법원 2018.07.17 2017가단207276
매매대금 등 반환
Text

1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 30,000,00 and 15% per annum from July 2, 2017 to the date of full payment.

Reasons

1. As to the claim against Defendant B

(a)as shown in the reasons for the attachment of the claim;

(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);

2. As to the claim against Defendant C Co., Ltd.

A. Nonparty D is the substantial president of Defendant C Co., Ltd. (hereinafter “Defendant C”).

Upon D’s request, the Plaintiff lent KRW 5,00,000,000 on November 16, 2016, and KRW 6,500,000 on November 24, 2016 to the account under Defendant C’s name.

Therefore, Defendant C bears the obligation to repay the above borrowed money pursuant to Article 395 of the Commercial Act.

B. Article 395 of the Commercial Act provides, “In the event that a director does not have the right to represent the company, the company shall be liable to a third party acting in good faith for the acts of the director who used the name that is deemed to have the right to represent the company, such as president, vice president, managing director, managing director, or

In order for a company to be held liable for an act of the Apparent representative director under Article 395 of the Commercial Act, the third party who believed the act of the Apparent representative director must have acted in good faith, and it shall be limited to cases where the company has allowed the Apparent representative actively or implicitly. In such cases, in order for the company to have permitted the Apparent representative, the true representative director shall be permitted, or at least the number of the directors as stipulated in the articles of incorporation of the company for the formation of a resolution of the board of directors even if it is not all the directors, or at least the number of directors as stipulated in the articles of incorporation of the

(See Supreme Court Decision 91Da5365 delivered on September 22, 1992). In full view of the health care room, Gap evidence No. 5 and witness evidence No. D’s testimony, the plaintiff is under the name of defendant C according to D’s request.

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