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(영문) 서울고등법원 2018.07.13 2017나2057210
채무부존재확인
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. As to the instant case cited in the judgment of the court of first instance, the reasoning of this court is the same as the entry of the reasoning of the judgment of the court of first instance except for the following portions written by the court of first instance as stated in the protocol of reasoning of the judgment. As such, it is acceptable to

2. Part 3-B of the reasoning of the judgment of the court of first instance (hereinafter referred to as "whether the plaintiff is liable in accordance with the legal doctrine on the representation of expression under Article 126 of the Civil Code") shall be written as follows.

A person shall be appointed.

B. Whether the Plaintiff is liable pursuant to the legal doctrine as an agent of expression under Article 126 of the Civil Act (1) is liable for the Plaintiff’s personal name without indicating the act of representation and, in case where a legal act is done in one’s own name by deceiving the other party as if the Plaintiff was the principal, the legal doctrine as an agent of expression under Article 126 of the Civil Act may apply mutatis mutandis only to the case where there are special circumstances. Here, special circumstances refer to the circumstances where the Plaintiff had basic power of representation to act for the principal to the person who imitated the principal, and the other party had justifiable reasons to believe that the said mother was the exercise of the principal’s authority as the principal (see Supreme Court Decision 2001Da49814, Jun. 28, 2002). 2) The facts and non-contentious facts acknowledged prior to the judgment and, without dispute, were stated as evidence Nos. 2, 3, and Nos. 1, 6, 9 through 12, and the purport of the entire arguments and the following facts or circumstances.

Therefore, the Plaintiff is responsible for the instant loan in accordance with the analogical application of the apparent representation doctrine under Article 126 of the Civil Act.

① Around December 2014, the Plaintiff entrusted a bank’s authorized certificate to obtain a family relation register to the husband B.

This is to issue the family relation register to B.

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