[구상금][공1991.6.15,(898),1459]
The case recognizing the establishment of an expression agency in excess of authority, in case where Gap accepted a joint and several guarantee concerning the liability for indemnity under the guarantee insurance contract for automobile installment purchase, and issued a certificate of personal seal impression and a certificate of seal impression for guarantee, and Gap used it for a joint and several guarantee concerning the liability for indemnity under the same guarantee insurance contract for its own sake
The case recognizing the establishment of an expression agency in excess of authority, in case where Gap accepted a joint and several guarantee concerning the liability for indemnity under the guarantee insurance contract for automobile installment purchase, and issued a certificate of personal seal impression and a certificate of seal impression for guarantee, and Gap used it for a joint and several guarantee concerning the liability for indemnity under the same guarantee insurance contract for its own sake
Article 126 of the Civil Act
Korea Guarantee Insurance Corporation
Yang Jae-chul Law Firm, Attorneys Yoon Jae-soo et al., Counsel for the defendant-appellant
Busan High Court Decision 88Na11377 delivered on October 31, 1990
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
The defendant's attorney's grounds of appeal are examined.
According to the reasoning of the judgment below, since the defendant purchased dump truck from the non-party Hyundai Motor Co., Ltd. with 4 dump truck, and requested the defendant to become a joint guarantor of the guarantee insurance contract established with the plaintiff, and delivered 4 copies of the certificate of the personal seal impression for guarantee to the defendant. The above dump truck purchased in the name of the purchaser with only one copy of the certificate of the personal seal impression for the plaintiff, and the non-party dump truck purchased in the above dump truck with the above dump truck with the above dump truck with the above dump truck with the above dump truck's authority to conclude the above dump truck with the above dump truck with the above dump truck with the above dump truck's authority to conclude the above dump truck with the above dump truck with the above dump truck's authority to conclude the above dump insurance contract without the defendant's consent to the above dump of the above dum.
All arguments are groundless.
Therefore, the appeal is dismissed and all costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Choi Jae-ho (Presiding Justice)