채무부존재확인
1. Of the judgment of the court of first instance, the Defendant-Counterclaim Mutual Savings Bank Co., Ltd. and the Defendant Hyundai Savings Bank.
1. The reasons for this part of the basic facts are stated by the court of the first instance.
Since the facts of recognition are the same as the part of the facts of recognition, they are quoted by the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the main lawsuit and the main claim of Defendant Sejong Mutual Savings Bank
A. (1) The parties’ assertion (1) obtained a loan from the Defendants, and concluded each joint and several sureties contract under the Plaintiff’s name using the Plaintiff’s name (hereinafter “each of the instant joint and several sureties contract”). The Defendants did not go through the procedure for identification, etc. in implementing each of the instant loans. As such, each of the instant joint and several sureties contract is null and void, and the liability for expressive representation is not established in light of the purport of the Special Act, etc. for the Protection of guarantors
Therefore, there is no obligation of the Plaintiff against the Defendants.
(2) In light of the fact that at the time of each joint and several surety contract of this case, Defendant Sejong Mutual Savings Bank and Defendant TNS Korea Ltd. (A), each of the instant joint and several documents, such as mobile phones under the Plaintiff’s name, cellular phone, physical card, and confirmation of the eligibility for health insurance that it is difficult to obtain, have been submitted, etc., each of the instant joint and several surety contract is concluded and valid on the basis of the Plaintiff’s will
(B) Even if a joint and several surety contract is not concluded by the Plaintiff’s will, the Plaintiff granted the basic authority by delivering various documents, such as a written confirmation of eligibility for the health insurance, to B, and there is a justifiable ground to believe that the Defendants are entitled to the authority to B. Therefore, the Plaintiff is liable for joint and several liability by analogy of Article 126 of the Civil Act or of
(C) Defendant Sejong Mutual Savings Bank seeks to pay loans under the instant joint and several sureties agreement on the basis of the aforementioned assertion.
B. (1) The Plaintiff’s act is the principal.