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(영문) 수원지방법원 2019.11.06 2018나73775
청구이의
Text

1. All the Defendant-Counterclaim Plaintiff’s appeal and the Defendant-Counterclaim Plaintiff’s preliminary counterclaim filed in this court.

Reasons

1. The reasons why the court finds this part of the claim are stated are as follows, and this part of the claim is cited by the main text of Article 420 of the Civil Procedure Act, except for the addition of the part emphasized by or added to the defendant by this court as follows.

Even if the defendant's arguments are the defendant's act of unauthorized representation because D was not authorized by the plaintiff to commission the preparation of the notarial deed of this case, since D was comprehensively delegated by the plaintiff in a de facto marital relationship with the authority to do an act related to the above main business, since D comprehensively delegated the authority to do an act related to D's business with a seal imprint or a certificate of seal imprint, D's act of giving D's authority to grant D's comprehensive representation, or D's fundamental representative authority exists, and the defendant has justifiable grounds to believe D's right to issue the promissory note of this case on behalf of the plaintiff, the plaintiff shall be liable as the issuer of the

② On July 2017, the Plaintiff, while knowing that the notarial deed of this case was prepared, found the Defendant and held the Defendant liable for reimbursement of KRW 100 million, and ratified the issuance of the Promissory Notes of this case and the act of non-authorized representation for the preparation of the notarial deed.

③ In addition, the Plaintiff permitted D to use its name in relation to the above main business, and D shall issue the Promissory Notes in the name of the Plaintiff and prepare the instant notarial deed. As such, the Plaintiff bears the responsibility for the nominal name lender under Article 24 of the Commercial Act.

Therefore, the notarial deed of this case is effective as an executive title.

B. (1) Determination (1) Declaration of intention of execution or recognition on a notarial deed claiming ratification of a notarial representation liability or an unauthorized representation is an act of litigation against a notary public, and such act of litigation cannot be applied or applied mutatis mutandis under the Civil Act

Therefore, it was made by the commission of the unauthorized Agent.

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