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(영문) 서울고등법원 2019.10.17 2019나2011553

대여금

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the reasoning of the judgment of the court of first instance is identical to the ground of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of

[Plaintiff is registered as the representative director of D Co., Ltd. in which the Defendant had actually been operating as her husband, and the Defendant himself is liable for the Defendant’s obligation to the Plaintiff on the ground that he was issued the Defendant’s certificate of personal seal impression. However, the circumstance cited in the reasoning of the first instance judgment, namely, there is no confirmation of the Plaintiff’s intent to conclude joint and several liability contract with the Defendant and the guarantor such as the Defendant, and the certificate of personal seal impression is only one material that can recognize the right of representation, and the right of representation cannot be acknowledged. The date of issuance of the certificate of personal seal impression is time after the expiration of a long period from the delivery date of the certificate of personal seal impression. The date of preparation, the Plaintiff’s seal impression, and the guarantor’s specific personal information are omitted. Thus, it is difficult to view that the disposal document itself is prepared under a clear premise on the conclusion of joint and several liability with respect to the Plaintiff and the guarantor including the Defendant. Therefore, the Plaintiff’s appeal is dismissed as it is without merit.