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(영문) 서울중앙지방법원 2017.07.06 2017나2457
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 reasoning of the judgment of the court of first instance for the acceptance of the judgment is as follows: (a) the "Witness I and F" in Part 3 of Part 4 of the judgment of the court of first instance is dismissed as "I and F"; and (b) the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following additional determination as to the assertion that the defendant emphasizes or adds to the court under Part 8, second, the defendant emphasizes or adds to this court.

2. The defendant asserts that since the plaintiff did not verify the corporate register as to whether he had a legitimate authority to represent the defendant while lending money to a corporation, the plaintiff did not know whether he had a legitimate authority to represent the defendant or require a certificate of personal seal impression, the plaintiff knew that he did not have the authority to conclude the monetary loan contract of this case on behalf of the defendant or

In order to establish the liability of a corporation due to the act of an apparent representative director under Article 395 of the Commercial Act, no fault other than the third party who has become the other party to the juristic act is required, but the purport of the provision is to protect the trust and safety of commercial transactions by protecting a third party in good faith in cases where a person who is not the representative director of the corporation, makes a transaction by using a name that is recognizable as having the power of representation in appearance, and there is a cause attributable to the company in connection with the occurrence of such appearance.

Therefore, the third party's trust should be fair to protect, so even if the third party is not the representative director of the company, he believed that the third party has the right to represent the company in performing the transaction.

Even if there is a gross negligence in trust and good faith, the company is not liable to the third party, and the third party's gross negligence here means that the third party is little.

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