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(영문) 서울중앙지방법원 2016.04.01 2015나21959
대여금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The reasoning of the court's explanation concerning this case is as stated in the part of the judgment of the first instance, except for adding the following judgments, thereby citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional determination

A. The plaintiff alleged to the effect that the defendant consented to become the debtor under the monetary loan contract of this case, but there is no evidence to acknowledge this, and the plaintiff's above assertion is without merit.

B. In addition, the Plaintiff asserts to the effect that the Defendant is liable to the Defendant for the principal of KRW 800 million at the time of the registration of the establishment of the mortgage of this case through C, as the Plaintiff expressed his intention of granting the power of representation by presenting the documents concerning the registration of the establishment of the mortgage of this case and the certified copy of the real estate registry.

On the other hand, the establishment registration of the mortgage of this case was completed by forging the necessary documents without the defendant's permission, as seen earlier, and there is no evidence to prove that the defendant granted the plaintiff the right of representation concerning the loan contract of this case and the contract to establish the right to collateral security. Thus, the plaintiff's assertion by the expression agent is without merit.

C. Finally, the plaintiff asserts that the defendant's husband's right of representation under Article 827 (1) of the Civil Code or the right of representation under Article 125 of the Civil Code has been granted to C, and the plaintiff believed C to have the right of representation to conclude the monetary loan contract of this case on behalf of the defendant, and there was a reasonable ground to believe it, so the defendant should be held liable for the debt of 1.2 billion won under the loan contract of this case or at least 80 million won of the secured principal at the time of the registration of establishment of the mortgage of this case.

In this case, C as the husband of the defendant.

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