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(영문) 서울중앙지방법원 2018.05.31 2017나62794

기타(금전)

Text

1. Revocation of the first instance judgment.

2. The Defendant’s KRW 26,884,214 and KRW 25,075,031 among the Plaintiff and the Plaintiff’s KRW 25,075,031 on February 18, 2016.

Reasons

1. The reasoning for this part of the judgment of the court is with the corresponding part of the reasoning of the judgment of the court of first instance, except where the court stated that “the interest on the delayed installment amount is equivalent to KRW 26,884,214, the interest on the delayed installment amount is equivalent to KRW 26,884,214, and the interest on the delayed installment amount is KRW 25,075,031, the interest on the delayed installment amount is equivalent to KRW 26,884,214,” which is stated in the main sentence of Article 420 of the Civil Procedure Act. Thus,

2. Judgment as to the main claim

A. The plaintiff's assertion 1) The plaintiff's assertion that the installment agreement of this case was effective directly with the defendant. Even if the plaintiff's assertion was concluded by the plaintiff's assistant intervenor, the plaintiff's assertion that the installment agreement of this case was concluded by the plaintiff's assistant intervenor with the comprehensive power of attorney regarding the operation of the dental of this case, such as marketing, management of employees, and purchase contract, or the expression agency pursuant to Article 126 of the Civil Act is established. Thus, the agreement of this case is effective against the defendant. Further, the defendant confirmed the act of non-authorized representative by making payment of the 12-month installments out of the total 15 installments pursuant to the installment agreement of this case. The defendant is liable to pay the plaintiff the remaining interest and interest of the installment of this case and the principal 25,075,031 won among them, and the defendant did not prepare or approve the agreement of this case as a director of this case, and the defendant did not enter into a separate agreement with the plaintiff's assistant agreement of this case with the plaintiff's assistant.