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1. The plaintiff (defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Defendant).
purport, purport, ..
Reasons
1. The reasoning of the court’s explanation as to this case is as follows, except for the part on “3. Judgment on the merits” in the reasoning of the judgment of the court of first instance as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Judgment on the merits
A. The gist of the Plaintiff’s assertion 1) Since E, who is named as the Defendant’s on-site agent, has concluded the instant joint and several guarantee contract with the Plaintiff on behalf of the Defendant, the Defendant is obligated to pay the Plaintiff KRW 47,916,00 of the steel bars supplied to the Plaintiff and the damages for delay thereof. 2) Even if the act of proxy is not valid, E, as the Defendant’s on-site agent at the time of the conclusion of the instant joint and several guarantee contract, had no choice but to believe that E has the authority to conclude the instant joint and several guarantee contract on behalf of the Defendant, in light of the fact that E was holding the Defendant’s name and seal impression as the Defendant’s on-site agent at the time of the conclusion of the instant joint and several guarantee contract and entered into the instant joint and several guarantee contract with the Defendant directly
B. According to the above facts, barring special circumstances, the defendant is obligated to pay to the plaintiff 47,916,000 won for steel bars supplied by the plaintiff to C in accordance with the contract for joint and several guarantee of this case and damages for delay thereof. 2) The defendant, as the defendant, by F's deception, entered into the contract for joint and several guarantee of this case. Thus, the defendant's defense to the effect that the contract for joint and several guarantee of this case was valid.
However, in cases where a third party commits fraud with respect to an expression of intent of the other party in accordance with Article 110(2) of the Civil Act, such declaration of intent may be cancelled only when the other party knew or could have known such fact, and F shall be the representative G of the defendant.