logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2016.01.15 2014가단60094
보증채무금
Text

1. The plaintiff's main claim is dismissed.

2. The Defendant shall within the scope of the property inherited from the deceased C.

Reasons

1. Facts of recognition;

A. On June 1, 2012, C prepared a loan certificate stating that, by August 31, 2012, the Plaintiff would have promised to borrow and repay the building D and E on the ground (hereinafter “instant building”) as collateral (hereinafter “the instant loan certificate”) with a loan to the Plaintiff by no later than August 31, 2012.

B. The guarantor column of the loan certificate of this case stated the defendant's name in the same word, and the defendant's seal impression is affixed with a seal impression affixed, but the above seal stamp was affixed to C on behalf of the defendant.

C. On December 2, 2014, C died, and the Defendant, the deceased’s spouse, solely inherited the deceased’s property, and the Defendant was issued a judgment on the repair of the deceased’s property inherited under the Jung-gu District Court High Court Decision 2014Mo2003 on February 25, 2015.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2 and 3, Eul evidence 4-1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion 1 as to the primary claim grant C all the legal acts necessary for the construction of the building of this case to C, and C prepares the letter of loan of this case. The letter of loan of this case was duly granted by C with the power of representation.

Even if C does not have the right of representation as above, C had the basic power of representation for the construction of the instant building as the Defendant’s spouse, and upon issuing the instant loan certificate to the Plaintiff, C issued a certificate of the Defendant’s personal seal impression at the time of issuing the instant loan certificate to the Plaintiff. The Defendant completed the registration of preservation of ownership by obtaining a construction permit for the instant building in its own name. As such, the Plaintiff had justifiable grounds to believe C was entitled to prepare the instant loan certificate on behalf of the Defendant. Accordingly, in accordance with the apparent representation liability under Article 126 of the Civil Act, the Defendant also was the guarantor, based on the instant loan certificate.

arrow