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(영문) 수원지방법원 2020.08.20 2019나89555
대여금반환 청구
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. C borrowed KRW 12.3 million from the Plaintiff on June 6, 2017, and KRW 12.4 million on February 26, 2018.

B. C borrowed as above, the Defendant, who is a female, was written in the loan certificate (hereinafter collectively referred to as “each of the loan certificates in this case”) written on each of the relevant dates, and affixed the Defendant’s seal impression impression on the name following the borrowing date.

[Reasons for Recognition] Each entry of Gap evidence 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant granted the right of representation to C in relation to the preparation of joint and several sureties’s respective loan certificates of this case, and C, as the Defendant’s representative, indicated the Defendant as the Defendant and entered into a joint and several sureties agreement with the Plaintiff. Therefore, the Defendant bears the joint and several sureties’s obligation with respect to the loan obligations against the Plaintiff in accordance with the contents of each loan certificate of this case. 2) Even if C granted the Defendant the right of representation regarding cosmetics’s business by entrusting the Defendant with the seal impression and seal impression needed for payment, purchase, etc. of the product price, it was reasonable to believe that C has the right to prepare the joint

Therefore, since the defendant bears the responsibility by the expression agency, the defendant bears the obligation of joint and several sureties with respect to C's loan obligation against the plaintiff.

B. 1) Determination 1) As long as the establishment of a disposition document is authentic, the court should recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable reflective evidence that denies the contents of the disposition document.

B. However, if a disposal document is deemed to have been authentic, the existence and content of the declaration of intention pursuant thereto should be recognized.

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