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(영문) 서울중앙지방법원 2014.06.26 2013가단97340
채무부존재확인
Text

1. The Plaintiff’s loans amounting to KRW 9,00,000 and Defendant Samsung Card Co., Ltd. on October 23, 2012.

Reasons

1. Facts of recognition;

A. On October 16, 2012, the Plaintiff issued B a certificate of personal seal impression, passbook and its password, copy of resident registration certificate, copy and abstract of resident registration certificate, and Samsung Credit Card on the ground that it is necessary for the loan examination procedure.

B. B forged power of attorney using documents, etc. delivered from the Plaintiff, and then purchased an authorized certificate after joining the mobile phone in the name of the Plaintiff in the case corporation

C. On October 19, 2012, B, by means of an authorized certificate, he/she pretended to be the Plaintiff, obtained KRW 5 million from the Defendant SBA Savings Bank from the Plaintiff’s corporate bank account in the name of the Plaintiff.

B, on October 23, 2012, he pretended to be the Plaintiff, and acquired KRW 9 million from Defendant Samsung Card Co., Ltd. to the corporate bank account in the name of the Plaintiff.

[Reasons for Recognition] Gap evidence Nos. 1, 2, 6, Eul evidence Nos. 2, Eul evidence Nos. 1, 1 and 2, and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as to whether the Plaintiff conferred the power of representation on each of the instant loans to B, the Plaintiff cannot be deemed to have granted the power of representation on each of the instant loans to B.

B. As to whether a representation is established, an expression agent under Article 126 of the Civil Act is established in cases where an agent expresses or explicitly expresses his/her intent to act on behalf of the principal, or performs acts other than his/her authority with his/her intent to act on behalf of the principal. In cases where an agent expresses his/her intent to act on behalf of the principal without expressing his/her intent to act on behalf of the principal, but instead, in cases where he/she acted in his/her name by deceiving the principal as if

According to the above facts, since B was given a loan under the name of the plaintiff as if it were the plaintiff, the expression agency cannot be established unless there are special circumstances.

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