대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On September 9, 2011, the Plaintiff submitted a loan application and an application for a plan for a plan for a uto loan from the Hyundai Capital that was named as the Defendant (hereinafter “instant loan contract”), and carried out the loan with the equal installment repayment method as the loan amount of KRW 19 million, the loan period of KRW 36 months, the loan interest rate of KRW 24.9%, the overdue interest rate of KRW 29%, the interest rate of the loan rate of KRW 29%, and the monthly principal and interest repayment method.
B. The Defendant issued B the Defendant’s seal imprint, certificate of personal seal impression, identification card copy, resident registration copy, Defendant’s name mobile phone, and deposit passbook of the NAC for the purpose of establishing a juristic person and purchasing apartment.
C. At the time of the instant loan agreement, the Defendant’s certificate of personal seal impression, identification card copy, resident registration copy, and copy of the agricultural cooperative deposit passbook were submitted.
[Ground of recognition] The fact that there is no dispute, entry of Gap 1 or Gap 7's evidence, purport of whole pleading
2. Determination as to the cause of action
A. As seen below, the Plaintiff’s assertion was involved in the conclusion of the instant loan contract, or entered into the instant loan contract through a name-free box (hereinafter “B, etc.”) that received the Defendant’s seal imprint design, etc. from the Defendant, and thus, the Defendant is obligated to pay the principal and interest of the instant loan contract and damages for delay thereof. Even if that is not a domestic case, the Defendant granted the Defendant’s basic power of representation to B, B, etc. upon signing the Defendant’s seal imprint, and submitted a certificate of personal seal impression, a certified copy, etc. directly issued by the Defendant with the Defendant’s personal seal imprint and a certified copy, etc., with the Defendant’s cell phone. The Plaintiff
Therefore, since the plaintiff believe that the defendant Eul et al. exercises his/her authority as his/her own, the expression representation under Article 126 of the Civil Code is established or the plaintiff is established.