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(영문) 서울중앙지방법원 2016.07.08 2016나19250
대여금
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 grounds for the court’s explanation of the instant case are the same as the grounds for the judgment of the court of first instance, except the following, for the reasons for the instant case’s assertion added in the court of first instance. As such, they are cited by the main text of Article 420 of the Civil Procedure Act

2. Determination on the Plaintiff’s assertion added at the trial room

A. As to the assertion of liability for expression representation, the Plaintiff asserts that the Defendant is responsible for the expression representation under Article 126 of the Civil Act, since the Defendant granted the basic power of attorney regarding the act of concluding the instant temporary suspension transaction agreement (A1).

However, the evidence submitted to this court alone cannot be deemed to have granted A any basic power of attorney on the preparation of the letter of temporary suspension of business of this case, and there is no other evidence to acknowledge it. A is merely the conclusion of the letter of temporary suspension of business of this case by forging the name of the defendant, and it is not the representative of the defendant, and the plaintiff is required to confirm the intent of the party (the defendant) who will be responsible for the loan of several million won, but it is not necessary to confirm the intent of the loan, and the loan also was remitted to A who is not the defendant. In full view of the above, the plaintiff's lending act of the plaintiff is difficult to be deemed to have a justifiable reason as the preemptive negligence under Article 126 of the Civil Code.

B. As to the assertion of non-authorized representation, the plaintiff asserts that the defendant ratified A's act of non-authorized representation by knowing the act of this case as to the agreement of this case while he knew of it.

The ratification of an unauthorized Representation is a sole act with knowledge that the person himself/herself has an act of unauthorized Representation and to vest the effect of such act in himself/herself, and the evidence submitted by the plaintiff alone is an act of unauthorized Representation A.

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