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(영문) 서울중앙지방법원 2017.11.21 2016나72060
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Around October 26, 2010, the Defendant heard from B and C that he would make a business operator under the name of the Defendant, and received a business registration certificate with the trade name “D” and issued a certified copy of the certificate of personal seal impression, resident registration certificate, resident registration certificate, and certified copy of the resident registration with the Defendant’s seal imprint certificate.

B and C around November 26, 2010, at the Daegu Branch of Busan and a Loan Co., Ltd., made a loan contract in the name of the Defendant, and received KRW 2,000,000 from the Defendant, and on the same day, ADK Mutual Savings Bank was engaged in as if the Defendant was the Defendant himself/herself by telephone and applied for a loan of KRW 4,00,000 on December 7, 2010, and written a loan transaction and CMS transfer agreement in the name of the Defendant.

(2) On January 19, 2012, the Plaintiff and the Plaintiff (hereinafter “instant loan agreement”). On June 21, 2013, the Plaintiff and the Defendant notified the Defendant of the transfer of the above loan agreement. On June 21, 2013, the Plaintiff and the Plaintiff notified the Defendant of the transfer of the above loan agreement. The Plaintiff and the Defendant were transferred the said loan claim to the Plaintiff on June 21, 2013.

[Ground of recognition] The items of Gap evidence Nos. 1 through 4, Eul evidence Nos. 3 and 8 (including paper numbers), and the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion that the loan contract of this case was lawfully concluded by B and C delegated by the Defendant, and the Defendant is liable to repay the loan under the loan contract of this case.

Even if the defendant did not have the authority to represent the defendant B and C, the defendant is liable for the loan contract of this case in accordance with the legal principles of expression agency, as long as the defendant provided the resident registration certificate to B and C, the mobile phone in the name of the defendant, and B and C concluded the loan contract of this case in the name of

B and C even if the act of entering into the instant loan contract constitutes an act of unauthorized Representation, the Defendant shall do so.

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