[대여금][집18(1)민,091]
Cases recognized as falling under the act of expression representation in the month of competence.
Where the previous agent has yet to refer to a representative and has committed any act which does not fall under the scope of the previous representative authority after the lapse of the power of representation, if there exists any justifiable reason to believe that the other party to the negligence has the authority to act as to the said act in good faith, the principal may not be exempted from his liability to the other party with respect to such act.
Article 129 of the Civil Act
Leecheon-gun Agricultural Cooperatives
Dried portion
Seoul Central District Court Decision 69Na178 delivered on November 7, 1969
The appeal is dismissed.
The costs of appeal shall be borne by the defendant.
The Defendant’s grounds of appeal are health;
The court below, in spring of 1954, delegated the right to purchase credit fertilizers and loan grain to the non-party who was the head of the defendant's Dong and this head of the agricultural cooperative, and delivered the defendant's seal impression to the Dong. Since Dong has completed the delegated duties on behalf of the defendant, since it used the above seal impression in the May 6 of that year as it used it to take custody of the above seal impression even if it had already been extinguished, and submitted a loan certificate (No. 1) in the name of the defendant who borrowed 4,000 won from the plaintiff union to the plaintiff union and submitted it to the plaintiff union, and even if the plaintiff association received the above documents purchased credit fertilizers from the plaintiff union, it did not change their own power to the plaintiff union, and it cannot be viewed that the non-party's right to represent was invalid since it did not know that the above non-party's right to represent was extinguished by the non-party 40 days since it did not have any error in the misapprehension of legal principles.
Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices.
Supreme Court Judges Kim Young-chul (Presiding Judge) (Presiding Justice) Mag-gim Kim, Kim Jong-dae and Yang-Namng