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(영문) 대법원 2015.10.29 2015다211715
청구이의
Text

The appeal is dismissed.

The costs of appeal are assessed against the defendant.

Reasons

The grounds of appeal are examined.

On November 22, 2005, the court below recognized the fact that Co., Ltd. was entrusted by the defendant with the collection of claims against the plaintiff based on the judgment of this case, and on the premise that Co., Ltd. was granted the basic power of representation under Article 126 of the Civil Act to establish a representation by the defendant under the premise that it was granted by the defendant, the plaintiff's father G, who is the plaintiff's father, on the grounds as stated in its reasoning, had justifiable grounds to believe that Co., Ltd. had the power of representation to receive four million won out of the plaintiff's obligations based on the final judgment of this case and to exempt the remainder from the obligation, and determined that Co., Ltd.'s exemption from the obligation affects the defendant in accordance with the legal principle of representation under Article

In light of the relevant legal principles and records, the above determination by the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to the expression representation under Article 126

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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