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(영문) 서울중앙지방법원 2017.09.07 2017가합506221
물품대금
Text

1. The Defendant’s KRW 252,613,750 as well as the Plaintiff’s annual rate of KRW 6% from July 1, 2016 to December 28, 2016.

Reasons

Basic Facts

On March 4, 2016, C, a director of the Defendant Company, was the “Representative C of Information and Communications Section,” and concluded a contract on behalf of the Defendant to assume the obligation of KRW 348,020,00 on behalf of D and D, and D, with the content that the Defendant assumes the obligation to pay the said obligation until March 2016.

C around June 2016, around 2016, ordered 400 TV monitors of 52,000,000 won to the Plaintiff on behalf of the Defendant.

On June 30, 2016, the Plaintiff issued a tax invoice on the supply of the goods to the Defendant and claimed the price of the goods.

[Based on the fact that there is no dispute, Gap evidence 1-2, Gap evidence 2-2, Gap evidence 2, 3, 5, and 6, the plaintiff's assertion of the purport of the whole pleadings, and the main claim for judgment (a claim for performance of obligation under a contract to assume obligations and a contract for the supply of goods) concluded a contract for debt acquisition and supply of goods on behalf of the defendant with the defendant, and thus, the defendant is liable to pay the plaintiff the debt acquisition amount and the price of goods in accordance with the above contract.

Even if C did not have legitimate power of representation, C concluded the above contract by using the title of “the representative of the Information and Communications Part” as the Defendant’s director, and the Plaintiff believed that C had the right to represent the Defendant, and thus, the Defendant is obligated to perform the obligation under Article 395 of the Commercial Act to the Plaintiff.

Even if C entered into each of the above contracts for the benefit of himself/herself or a third party, the above act constitutes a case where the representative of the Defendant Company inflicted damages on the Plaintiff regarding his/her duties, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to the amount of debt acquisition and the amount of goods paid, pursuant to Article 35(1) of the Civil Act.

Judgment

C on behalf of the defendant corporation.

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