Main Issues
Simple Expressions and Apparent Representation
Summary of Judgment
A person who is not a representative but for a factual act is responsible for the principal in accordance with the legal principles of expression agency if he/she has believed that he/she has been in good faith and there is any justifiable reason in reliance on his/her belief.
Plaintiff-Appellant
Kim Woo
Defendant-Appellee
Korea Research Industry Corporation and 1 other
Judgment of the lower court
Seoul High Court Decision 59No1139 delivered on January 24, 1961, Seoul High Court Decision 201Da1139 delivered on January 24, 1961
Text
We reverse the original judgment.
The case shall be remanded to Seoul District Court.
Reasons
The grounds of appeal by the plaintiff's representative are as stated in the separate appellate brief. Thus, in the second transaction between the plaintiff and the defendant in this case, the court below acknowledged that although the non-party's assistance was given to the defendant in the liquidation of cash, etc., the plaintiff's assistance was not given to the defendant's company or entered the bill as an agent, etc., the plaintiff's assertion as proxy is rejected because there is no justifiable reason to believe that the plaintiff's assistance was paid to the defendant, etc., and therefore, in order to ensure the safety of transaction, there is no reason to believe that the law of expression representative is responsible for the plaintiff's assertion as to the person who is deemed to have a justifiable reason because it is believed that the law of expression representative is responsible for the defendant's assertion that there was a legitimate reason to believe that the non-party's testimony was not legitimate in terms of the legal principles of the non-party's expression representative's explanation and behavior, and that the plaintiff's testimony was not unlawful.
Therefore, it is so decided as per Disposition by the assent of all participating judges in accordance with Article 406 (1) of the Civil Procedure Act.
The judge of the Supreme Court (Presiding Judge) the last leapon interference