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(영문) 울산지방법원 2014.10.01 2014나628
청구이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the court’s explanation of the instant case is as stated in the judgment of the first instance except for the following determination as to the Defendant’s assertion added in the trial. Thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The gist of the Defendant’s assertion (i) The Plaintiffs attended the compulsory execution on October 11, 2012 after they become adult and did not raise an objection thereto; and Plaintiff B had paid interest on the obligation on the instant Notarial Deed on August 31, 2007 after they became adult, and thus ratified the act of unauthorized Representation by approving the said obligation.

② On October 6, 2004, Plaintiff A and Plaintiff B were adults on January 14, 2006, and three years have passed thereafter, the Plaintiffs’ revocation right became extinct by prescription.

B. Shed Judgment: ① Ratification of the assertion is a single act with knowledge of the invalidation and the effect of an invalidation, and it does not require a certain method as to the method of declaration of intent. However, in order to recognize an implied ratification, there should be circumstances to deem that the person himself/herself has sufficiently understood the legal status of his/her act and, even if he/she had sufficiently understood the result of his/her act on the basis of his/her truth, it should be acknowledged that the ratification of the act belongs to himself/herself.

(See Supreme Court Decision 2012Da112299, 112305 Decided February 13, 2014, etc.). Based on these legal principles, the Plaintiffs cannot be deemed to have approved the obligations of the Plaintiffs merely because they did not raise any objection in the health class and compulsory execution. According to the evidence No. 8, the fact that the Plaintiff deposited KRW 500,000 into the net G account in the name of Plaintiff B on August 31, 2007 is acknowledged, however, the above evidence and the purport of the entire pleadings of Plaintiff B in the trial, namely, the following circumstances acknowledged by considering the overall purport of the Plaintiff’s personal examination.

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