대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the appeal.
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance except for the Plaintiff’s additional determination as to the assertion made by this court as follows. Thus, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The defendant's defendant's 3 conduct at the bottom of No. 2 of the judgment of the court of first instance is raising "Defendant B" to "Defendant B".
The plaintiff at the bottom of No. 3 of the judgment of the court of first instance was "A" and the defendant at the bottom of No. 6 at the bottom of No. 3 was "A", respectively, and the plaintiff was "A" at the bottom of No. 3.
2. Additional determination
A. The Plaintiff’s assertion B has established Defendant C under the name of Defendant D, who is an son, and has exclusively dealt with all legal acts related to solar power plants.
In light of these circumstances, the Defendants granted B the power of representation to the work related to solar power plants.
may be filed.
Therefore, even if B did not have the authority to conclude a joint and several guarantee contract for the loan obligation of the loan symptoms of this case on behalf of the defendants.
Even if the Defendants are liable to guarantee the above loan obligations in accordance with the express representation doctrine under Article 126 of the Civil Act.
(b) In order to establish a representation of expression beyond the authority under Article 126 of the former Civil Code, the person who refers to the representative must have the basic power of representation and the other party has such authority.
there is a good reason to believe that there is a good reason.
Here, the existence or absence of justifiable grounds should be objectively observed and determined by determining all the circumstances existing when the act of acting as an acting person took place (see, e.g., Supreme Court Decisions 2007Da23425, Aug. 23, 2007; 2007Da30331, Feb. 26, 2009). However, the evidence submitted by the Plaintiff alone has the authority to enter into a guarantee contract for the loan obligations of the loan symptoms of this case on behalf of the Defendants on behalf of the Defendants.
Since it is insufficient to recognize that there is a justifiable reason for trust, the representation of expression under Article 126 of the Civil Code is established.