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(영문) 인천지방법원 2016.12.20 2016나51835

보증채무금

Text

1.The main text of the judgment of the court of first instance shall be amended as follows:

The defendant is KRW 30 million for the plaintiff.

Reasons

1. Basic facts

A. On November 4, 2010, the Defendant’s husband C borrowed KRW 40 million from the Plaintiff on December 15, 2010, when the construction fund was insufficient while constructing “E” (hereinafter “instant building”) on the ground of Kim Jong-si D in the name of the Defendant Kimpo-si.

B. On June 1, 2012, C urged the Plaintiff to pay the above borrowed money, written a loan certificate stating that, by August 31, 2012, C promised to borrow and repay the instant building and its site as collateral until August 31, 2012 (hereinafter “the instant loan certificate”).

C. The guarantor column of the loan certificate of this case stated the defendant's name in the same word, and the defendant's seal impression is affixed with a seal impression affixed, but the above seal stamp was affixed to C on behalf of the defendant.

Upon the death of C on December 2, 2014, the Defendant, the spouse, was solely inherited the deceased’s property. On February 25, 2015, the Defendant was tried to repair the deceased’s property by inheritance as the High Government District Court Decision 2014Mo2003 on February 25, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's evidence of 1 through 3, Eul's evidence of 2 through 4 (including branch numbers), the purport of whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion (1) The primary claimant conferred upon C all the legal acts necessary for the construction of the building of this case with comprehensive power, and C prepares a certificate of loan of this case on the basis thereof.

Even if C had not obtained the power of representation as such, C did not have obtained such power of representation.

C, as the Defendant’s spouse, has the basic right of representation as to the construction of the instant building, and as the Plaintiff had justifiable grounds to believe that C at the time was authorized to prepare the instant loan certificate on behalf of the Defendant, the expressive representation under Article 126 of the Civil Act is established.

Therefore, the Defendant, as a guarantor of the loan certificate of this case, shall pay the Plaintiff the guaranteed debt amounting to KRW 30 million and delay damages.

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