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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. The reasoning of the judgment of the court of first instance, citing this case, is the same as the part of the judgment of the court of first instance, in addition to the part to be determined additionally as follows, and thus, citing this in accordance with the main sentence of Article 420 of the
2. Matters to be judged additionally;
A. If, barring any special circumstance, the authenticity of the seal imprinted by the name holder’s seal affixed to a document as to the validity of a joint and several liability loan agreement is withdrawn by his/her seal, barring any special circumstance, it shall be presumed that the act of affixing the seal is based on the name holder’s will. On the other hand, when the authenticity of the seal imprinted is presumed, the authenticity of the entire document is presumed pursuant to Article 358 of the Civil Procedure Act; however, if it is proved that the act of affixing the seal was carried out by a person other than the name holder, such presumption is broken if the act of affixing the seal was carried out by the person other than the
(See Supreme Court Decision 2002Da69686 Decided April 8, 2003). However, the fact that the Defendant’s signature and the Defendant’s seal affixed thereto indicated in the column for jointly and severally liable for the loan of this case were made by the Defendant’s wife C is the Defendant’s wife, as seen earlier. Accordingly, the presumption of the authenticity of the instant loan application (joint and severally liable portion) is broken, and there is no evidence to acknowledge the fact that C entered into a loan contract with the Defendant’s authority delegated by the Defendant, and therefore, the Plaintiff’s assertion on a different premise is without merit.
B. The Plaintiff asserts to the effect that C’s act of lending is within the scope of the husband’s right of representation in the daily life of a family member.
The term "legal act related to daily home affairs" under Article 832 of the Civil Act refers to a legal act which is normally needed for a couple to live a community, and its contents and scope are the structure, degree and degree of the couple's living.