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(영문) 서울고등법원 2017.01.20 2016나2060547
청구이의
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

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

Reasons

1. On March 9, 201, the Plaintiff and the Plaintiff’s mother jointly and severally borrowed KRW 130,000,000 from the Defendant. A notary public located in the Mapo-si lent KRW 130,000 to C and the Plaintiff, and C and the Plaintiff borrowed this. The Plaintiff and C and the Plaintiff shall pay the said amount up to March 10, 201, and the interest shall be set at 30% per annum, and if not performed, the Plaintiff entrusted the preparation of a notarial deed in the monetary loan agreement with the purport of the above purport (hereinafter “notarial deed”), and accordingly, the Plaintiff was a minor, and therefore, C did not dispute between the parties or recognized the purport of the entire notarial deed as being entrusted with the preparation of the notarial deed as the legal representative of the Plaintiff, a debtor, as the Plaintiff’s other debtor, as the Plaintiff was at the time.

2. Determination as to the cause of action

A. Although the Plaintiff actually borrowed money from the Defendant, the Plaintiff asserts that the Plaintiff’s act of commissioning the Plaintiff, who was a minor at March 9, 201, with respect to his/her own debt, constitutes an act of conflicting interest and thus requires the special agent’s involvement (Article 921(1) of the Civil Act). However, the Plaintiff’s title in the Notarial Deed is invalid as an act of unauthorized Representation.

B. The act of conflict of interest under Article 921 of the Civil Code refers to an act that is likely to cause conflict of interest between a person with a parental authority and his/her child or among several persons subject to the parental authority due to the objective nature of the act. It is not asked whether there is a conflict of interest as a result of the act with a person with parental authority or as a result of the act.

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