[구상금][공1995.10.15.(1002),3355]
Where a member company used a guarantee agreement for a part-time vehicle of Eul as a result of an error in the guarantee-related documents submitted by the local owner company A, the case holding that the said guarantor's apparent representation liability is recognized.
Where a dump truck Gap submitted Byung's certificate of personal seal for joint and several sureties under a lease insurance contract with respect to dump truck which is leased in the name of a dump truck, and the dump truck was used by another dump truck owner Eul in concluding a lease insurance contract with respect to another dump truck under the name of another dump truck owner Eul.
Article 126 of the Civil Act
Supreme Court Decision 90Da16009 delivered on April 23, 1991 (Gong1991, 1459) 91Da30668 delivered on December 27, 1991 (Gong1992, 774) 92Da31781 delivered on October 13, 1992 (Gong192, 3139)
Korea Guarantee Insurance Co., Ltd., Counsel for the plaintiff-appellant
Defendant Lee Young-hoon et al., Counsel for the defendant-appellant
Seoul District Court Decision 94Na45905 delivered on April 14, 1995
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the grounds of appeal.
The court below confirmed that, in the case of leasing one of the above dump trucks from the non-party 1 Korea Development Lease Co., Ltd., the above dump trucks were issued by the plaintiff to secure lease liability, etc., and concluded the lease insurance contract of this case between the plaintiff and the non-party 1. Since the above dump trucks were leased in the name of the above dump insurance company, the defendant received the above guarantee insurance contract's request that the guarantor of the above dump truck be affixed, and delivered it to the above non-party 1 with the above dump insurance contract's authority to execute the above dump truck with the above dump truck's signature and seal impression affixed to the above dump owner's above dump truck's signature and seal affixed to the above dump owner's above guarantee insurance contract's agent's signature and seal affixed to the above dump owner's agent's signature and seal affixed to the above dump owner's above dump insurance contract.
Examining relevant evidence in comparison with records, the judgment of the court below is just and it cannot be deemed that there was an error of law that found the facts affecting the conclusion of the judgment in violation of the rules of evidence as alleged in the judgment below, and if the facts are the same as legally established by the court below, the defendant granted the basic power of attorney to the defendant through the above non-party 1, and there is a justifiable reason to believe that the plaintiff was the authority to conclude a joint and several surety contract on behalf of the above non-party 1 when entering into the lease guarantee contract with the above non-party 1. The judgment of the court below also is just (see, e.g., Supreme Court Decisions 90Da1609, Apr. 23, 191; 92Da31781, Oct. 13, 1992; see, e.g., Supreme Court Decision 92Da31781, Oct. 13, 1992). All arguments
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Jeong Jong-ho (Presiding Justice)