logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.29 2015나49483
대여금
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. Facts of recognition;

A. A. Around January 2010, the Defendant heard the phrase “necessary to obtain a loan” from C, and issued C a certificate of personal seal impression, a certificate of personal seal impression, a certified copy of resident registration, a resident registration certificate, etc. issued by the Defendant on January 18, 2010.

B. On April 5, 2010, C borrowed KRW 35,00,00 from the Plaintiff on October 5, 2010 as if it were the Defendant, as if it were the Defendant, on the following grounds: (a) a copy of the front and back side of the resident registration certificate reproduced by attaching his/her photograph to the Defendant’s above certificate of the personal seal impression and the Defendant’s resident registration certificate; and (b) a copy of the front and back side of the resident registration certificate affixed to the Defendant’s resident registration certificate; and (c) the Defendant’s resident registration number

(hereinafter “this case’s monetary loan agreement”). [Grounds for recognition] / [In the absence of dispute, entry of Gap’s evidence Nos. 1, 2, and Eul’s evidence No. 3, and the purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts, C shall be deemed to have concluded a monetary loan contract of this case with the Plaintiff by delegation of the authority to conclude a loan-related contract by the Defendant as the Defendant himself/herself, and thus, C shall be deemed to have concluded a monetary loan contract of this case with the Plaintiff. Therefore, the legal principles of expression agency under Article 126 of the Civil

(See Supreme Court Decision 87Meu271 delivered on February 9, 1988, etc.). Furthermore, as seen earlier, the Plaintiff received the Defendant’s personal seal impression and resident registration certificate directly issued by C at the time of the monetary loan contract of this case, and obtained the Defendant’s personal seal impression in “written confirmation of cash rent and a statement of payment,” and the Defendant’s resident registration certificate was issued even though C’s photograph is attached. However, the Defendant’s resident registration certificate was issued to him/herself or his/her person not delegated his/her disposal authority, but all of the documents, such as the personal seal impression and seal impression of his/her issuance, resident registration certificate, and resident registration certificate.

arrow