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The judgment below is reversed, and the case is remanded to the Incheon District Court.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. The power of representation arises from the principal’s act to confer it, i.e., the act within the scope of the power of representation shall be determined by the content and interpretation of an individual authorized act.
(See Supreme Court Decision 97Da23372 delivered on September 30, 1997, etc.). 2. Review of the reasoning of the lower judgment and the record reveals the following facts.
(1) Around March 30, 2007, the Plaintiff’s father, delegated the Defendant’s right to open a consignment account from the Plaintiff, and opened a consignment account in the name of the Plaintiff on behalf of the Plaintiff at Defendant Seocheonan Branch (hereinafter “instant account”). On the same day, the consignment account in his name was also opened, and both the instant account and the transaction seal of his own name were registered as the Plaintiff’s seal impression.
(2) On behalf of the Plaintiff, D invested the Defendant’s X fund on behalf of the Plaintiff, and paid KRW 29.9 million to the investment amount using the instant account.
(3) On October 24, 2008, Defendant Seocheon Branch applied for the change of the Plaintiff’s seal impression or re-issuance of the passbook on behalf of the Plaintiff, and attached the Plaintiff’s certificate of seal impression on behalf of the Plaintiff, and transferred KRW 22 million from the instant account to the Plaintiff’s leakage or F’s national bank account.
(4) On March 25, 2009, D transferred the instant account from its own consignment account to the instant account by replacing the future Estus Securities Investment Trust 2 (stocks) volumeed to 27,180,892, and future Estusormon Securities Investment Trust 3 (stocks) volumeed to 50,89,878.
Future Slicker Securities Investment Trust 2 (stocks) was redeemed on April 12, 2010, and KRW 22,513,116 was deposited in the account of this case. D on the same day, 22,50,500,50 won was deposited in the Plaintiff’s new bank account of Type V.