대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court’s explanation concerning this case is as stated in the reasoning of the first instance judgment, except for the modification or deletion of the three parts of the judgment of the first instance as follows. As such, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The part described in paragraph (c) of Paragraph 11 in the second place shall be deleted.
(b)No. 12 of the second page “A No. 1 and 2” added “B” to the following:
C. In light of the fact that an act of guaranteeing another person's obligation is unilaterally at fault without any benefit from its nature, it constitutes a common sense that the husband grants a right of representation necessary to guarantee another person's obligation to the wife. Thus, in a case where the wife performs the above act on behalf of the husband without any special authorization, if the wife performs the above act on behalf of the husband, it shall not be deemed that the wife had a right of representation as prescribed in Article 126 of the Civil Act, but it shall be an objective circumstance to justify the other party's belief that the husband provided the wife with the right of representation as to the act (see, e.g., Supreme Court Decision 98Da18988, Jul. 10, 1998). Meanwhile, the seal imprint and the certificate of personal seal impression are not sufficient to recognize the right of representation, and it shall not be deemed that the Plaintiff has the right of representation as to the above contract under Article 126 of the Civil Act, and it shall not be deemed that the Plaintiff has the right of representation as to the above contract.