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(영문) 서울고법 1971. 10. 20. 선고 71나24 제12민사부판결 : 확정
[손해배상청구사건][고집1971민,520]
Main Issues

A person who is employed as a cleaning book and provides a personal guarantee shall be responsible for the credit guaranteer, if employed as a driver.

Summary of Judgment

In the case of being employed as a cleaning unit and a seal of the Gu office, the defendant was requested by the staff member of the Gu office who made a request for the guarantee and affixed a seal on the letter of personal reference, and the defendant later stated it as a driving number in the direct name column where the Gu office has a vacancy in the certificate of personal reference, and where the Dong is employed as a cleaning and driving number, he/she shall not be held responsible for the guarantee of personal reference for an accident that occurred while working as a driving number

[Reference Provisions]

Article 1 of the Fidelity Guarantee Act

Plaintiff and appellant

Seoul Metropolitan Government

Defendant, Appellant

Defendant 1 and one other

Judgment of the lower court

Seoul Central District Court (70 Ghana5051) in the first instance trial

Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim

The plaintiff's attorney and the defendant et al. shall jointly and severally pay to the plaintiff an amount of KRW 1,504,236 and an amount at the rate of five percent per annum from the day following the delivery of the complaint of this case to the day of full payment.

The costs of lawsuit were assessed against the defendant, etc., and the declaration of provisional execution was sought.

Purport of appeal

The plaintiff's attorney revoked the original judgment, and sought a judgment and a provisional execution declaration that both the first and second trials bear the expenses of the defendant, etc.

Reasons

The defendant et al. asserted that the non-party 1 was liable for damages caused by the non-party 1's non-party 1's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 2's non-party 3's non-party 4's non-party 1's non-party 9's non-party 1's non-party 9's non-party 1's non-party 9's non-party 1's non-party 9's non-party 1's non-party 9's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 1's non-party 4's non-party 1's non-party 1'

Judges Jeon Soo-chul (Presiding Judge)

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