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(영문) 서울중앙지방법원 2016.11.10 2015가단204234
채무부존재확인
Text

1. The Plaintiff’s obligation to the Defendant based on the loan agreement as stated in the separate letter of credit loan agreement shall be KRW 3,086,458 and its amount.

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion asserts that, as the loan agreement stated in the attached credit loan agreement (hereinafter “instant loan agreement”) was concluded by B with the Plaintiff’s name copied, the Plaintiff asserts that there is no obligation against the Defendant under the instant loan agreement.

As to this, the defendant asserts that even if B entered into the loan contract of this case with the plaintiff's name copied, the plaintiff is liable for the loan contract of this case in accordance with Article 126 of the Civil Code by analogy of the legal principle of expression agency.

B. (1) The expression agency under Article 126 of the Civil Act is established when an agent expresses or explicitly expresses his/her intention to act on behalf of the principal or performs any act other than his/her authority with his/her agent's intention. The expression agency under the above Article cannot be established unless there are special circumstances where he/she knows his/her name as if he/she was the principal and conducts a legal act directly in his/her name by deceiving him/her as if he/she was the principal. However, the expression agency under the above Article cannot be established unless there are special circumstances. However, the other party has basic power of representation to act on behalf of the principal, and the other party has justifiable reasons to believe that the above mother was the exercise of his/her authority as his/her own principal, it can be deemed that the legal doctrine on the expression agency under Article 126

(1) In full view of the following facts, the Plaintiff: (a) allowed B to become a guarantor when receiving a loan from a financial institution; and (b) allowed B to make the Plaintiff as a guarantor; and (c) for this purpose, B to make the Plaintiff’s driver’s license, payment receipt account, and deposit and withdrawal transaction statement of the Plaintiff’s vehicle, payment receipt account, and the Plaintiff himself/herself.

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