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(영문) 서울고등법원 2017.03.21 2016나2068978
양수금
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 stated in the judgment of the court of first instance, except for the part as stated in paragraph (2) below, and therefore, it is also cited by the main text of Article 420 of the Civil Procedure Act.

2. The height of the judgment of the court of first instance is as follows: Nos. 11 to 15 of the judgment of the court of first instance.

④ On January 12, 2012, F delivered the power of attorney (Evidence No. 11-4) to the Defendant along with the instant agreement, and, under the above letter of attorney’s letter of attorney’s letter of attorney’s letter, “C shall delegate F with the authority to file and withdraw complaint against B,” F shall read “C shall verify the fact delegated to C through N.,” and F shall not be deemed to have been written according to C’s intent, since F stated that “C shall prove the fact delegated to C through N.,” the power of attorney granted to C by P to investigative agency, and therefore, F shall not be deemed to have been written in accordance with C’s intent.

Part 5 of the judgment of the first instance court, the "F" in Part 16 shall be changed to "C".

3. The plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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