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(영문) 수원지방법원 2015.01.28 2013나39053

대여금등

Text

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.

Reasons

1. The reasoning of the court’s explanation concerning this case is as follows, and this case is cited by the main text of Article 420 of the Civil Procedure Act, since the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance.

2. The plaintiff asserts that the act of borrowing money by C on behalf of the plaintiff on behalf of the defendant constitutes an expression agency pursuant to Article 125 or 126 of the Civil Code, so the defendant is obligated to return the borrowed money to the plaintiff.

First of all, as to the assertion of representation by expression under Article 125 of the Civil Act, the following circumstances, which can be seen in addition to the purport of the entire argument, are as follows. In other words, Pyeongtaek D, a representative seal impression of the defendant's female members, had been assigned to the defendant's female members and used, and E's representative seal impression was approved while G was kept by G. On September 2, 201, C was kept in the company at the time when the loan certificate (No. 1-1-1) was prepared by the plaintiff on September 2, 201; C, a representative seal impression of E and D kept in the company while preparing the above loan certificate, affixed a separate seal of E and D's representative seal impression in the form of the above loan certificate, and there was no permission from E and D, it is difficult to recognize that the defendant's representative director and D granted the right to use the money to use the money to the defendant's representative director, and there is no other evidence to acknowledge it to the plaintiff.

Therefore, the plaintiff's assertion that C's act of borrowing money constitutes an expression agent under Article 125 of the Civil Code is without merit.

Next, in light of the overall purport of the arguments in the statement of evidence Nos. 15, Nos. 15, and Nos. 1, 32, 33, 35, and 38 as to the assertion of expression representation in Article 126 of the Civil Code, C asked G to obtain a subcontract for the construction of the access and water intake from among the extension works ordered by the Incheon Complex Power Headquarters of the Middle Power Co., Ltd., Ltd., and G after the lapse of the acquisition period.