[대여금][공1981.8.15.(662),14095]
The need for special authorization to exempt part of the loan obligation by the agent to receive the loan (affirmative)
In order to exempt part of the loan obligations, the agent who is delegated only with the authority to receive the loan requires the special authorization of the principal.
Articles 114 and 118 of the Civil Act
Plaintiff 1 and one other
Defendant 1 and one other
Gwangju High Court Decision 79Na363 delivered on November 27, 1980
All appeals by the plaintiffs are dismissed.
The costs of appeal are assessed against the plaintiffs.
The plaintiffs' grounds of appeal are examined.
According to the reasoning of the judgment of the court below, the plaintiff 1,30,00 won was leased to the defendant 2 under the above 1971's joint guarantee of 10% of the above 30% of the loan amount, and the defendant 2 did not pay 975,000 won monthly interest rate of 3% of the above 60% of the loan amount, and the defendants were issued an emergency order for economic stability and growth as of August 3, 1972, and the defendant's claim against the above 60% of the loan amount was declared as a reorganization bond, but the defendant's claim against the above 60% of the loan amount was not accepted by the above 10% of the loan amount. The non-party and the creditors who were represented by the above 60% of the loan amount were not paid 30% of the loan amount of the loan amount to the above 60% of the loan amount, and the plaintiff's obligee's remaining 60% of the loan amount was not paid to the non-party.
Justices Kang Young-young (Presiding Justice)