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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
Reasons
1. On April 21, 1992, the Chuncheon Credit Union loaned KRW 6,00,000 to B, who is the Defendant’s mother, but the repayment date was set on April 21, 1993, and the interest rate and the delay damages rate are the change rate set by the union.
The name of the defendant is written in the joint and several surety column of the loan contract, and the defendant's seal is affixed next to it.
On August 12, 2003, Chuncheon Credit Union transferred the principal and interest claim against B to the Plaintiff, and at that time notified B of the transfer of the credit.
On April 9, 2004, the plaintiff filed a lawsuit against the defendant for the claim for the amount of money transferred, but the decision of performance recommendation was confirmed on May 14, 2004.
The principal of the principal and interest of this case was fully repaid, and the interest or damages for delay already incurred remains in KRW 3,519,726.
[Ground of recognition] Facts without dispute, Gap 1, 2, Eul 1, 2, 3, the purport of the whole pleadings
2. The assertion and judgment
A. (i) The defendant asserts that his mother, who is his mother, shall use his seal imprint, certificate of personal seal impression, and certificate of service, signed and sealed as a joint and several surety, and that he does not bear an obligation because he did not have an intention of joint and several surety.
As to this, the plaintiff may see B as the defendant's agent or expression agent or not as the defendant's agent.
Even if the defendant confirmed that the principal and interest of this case will be repaid later.
According to the evidence mentioned above, if B and the defendant are mother-and-child relationships and B have used the defendant's seal imprint, certificate of personal seal impression, and certificate of service, but it is insufficient to view that the defendant granted the right of representation to B solely on such facts.
However, as the defendant himself acknowledges, the defendant has delivered a seal imprint so that B may use another loan, and in addition, B has the defendant's seal imprint at the time of the loan contract of this case.