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(영문) 인천지방법원 2019.05.23 2018나70854

청구이의

Text

1. The defendant's appeal is dismissed.

2. The defendant's counterclaim claimed in the trial is dismissed.

3. Costs of appeal and appeal.

Reasons

1. Determination as to the main claim

A. The reasoning for the court of this case’s acceptance of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except for the following modifications, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

B. Each notarial deed and each notarial deed and each notarial deed and each notarial deed and each notarial deed of this case shall be deleted from 3 pages of the first instance judgment, 4th 18th 19th , and 19th .

(No certificate of this case has the Plaintiff’s seal imprint affixed to the certificate of this case). The fifth 12 letter of the judgment of the court of first instance deleted “(B) the Plaintiff did not have any special reason to stand a joint and several surety to E or G.”

The entry from 3th to 4th 6th am, 6th am to 7th am shall be deleted, respectively.

(The defendant only asserted the right of representation in the principal lawsuit, and the assertion of ratification of the expression agency and the unauthorized representation was not made). 2. Determination as to the counterclaim

A. Even if the plaintiff alleged by the defendant did not grant the power of representation to D, etc. for the preparation of each of the notarial deeds in this case, the plaintiff bears the joint and several liability for the debt of KRW 100 million in total E and G on the following grounds on the responsibility of ratification of expression representation or unauthorized representation.

Therefore, the plaintiff who is a joint and several surety must pay KRW 100 million and delay damages to the defendant.

① The Plaintiff is obligated to perform the duties under the joint and several guarantee agreement entered in each notarial deed of this case in accordance with the legal principles of expression representation.

In other words, the plaintiff has expressed his/her intent to grant the power of representation by allowing financial transactions in the name of the plaintiff to D, and the defendant has received a certificate of personal seal impression and a certificate of taxation by local tax item directly issued by D, so D has no choice but to believe that it has the authority to make joint and several surety arrangements on behalf of the plaintiff.

On the other hand, D is the head of the headquarters in charge of the I's "I" headquarters under the Defendant, and E.