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(영문) 서울고등법원 2015.03.06 2013나66111
대여금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. On January 5, 2012, the Plaintiff loaned KRW 80,000,00 to Co-Defendant B of the first instance trial (hereinafter “B”), KRW 35,000,000 on February 10, 2012, KRW 200,000 on February 29, 2012, and KRW 17,00,000 on May 30, 2012, and KRW 6,428,64 on June 18, 2012, respectively.

(hereinafter collectively referred to as “instant loan”). (b)

B on June 30, 2012, the instant loan was agreed to repay the total amount of KRW 338,428,664,00 by August 31, 2012, and the co-defendant D of the first instance trial (hereinafter “D”) guaranteed the instant loan obligation on the same day.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 5, and 6, the purport of the whole pleading

2. The Plaintiff’s assertion B on behalf of the Defendant on June 30, 2012, jointly and severally guaranteed the instant loan obligation to the Plaintiff (hereinafter “joint and several surety”), and even if the Defendant did not grant the right of representation to the Plaintiff on behalf of the Defendant, the Plaintiff had justifiable grounds to believe that the Plaintiff had the right of representation to the Plaintiff, and thus, the Defendant is jointly and severally liable with the Plaintiff for payment of the total amount of the instant loan amounting to KRW 338,428,64 and delay damages incurred therefrom, based on the apparent representation or the liability of representation as prescribed by Article 126 of the Civil Act.

3. Determination

A. According to the purport of Gap evidence Nos. 1, 3, 9, 10, Gap evidence Nos. 11-1, and Gap evidence Nos. 12, and the purport of the whole pleadings, Eul prepared a letter of payment with the purport that Eul received the loan of this case from the plaintiff to raise funds for the operation of the industrial company, and Eul prepared a letter of payment with the purport that the total amount of the loan of this case 338,428,64 won is to be repaid until August 31, 2012 (hereinafter "the letter of payment in this case"), Eul obtained the defendant's prior consent in the course of preparation of the letter of payment in this case, and signed and sealed the defendant's name and address in the column of joint and several sureties, and a certificate of personal seal impression issued by the defendant as a proxy to the plaintiff on March 13, 2012.

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