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(영문) 서울고등법원 2016.04.15 2015나20430
채무부존재확인
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The reasoning for the judgment of the court of first instance is as follows, in addition to adding the following judgments as to the defendant's assertion, and therefore, it is identical to the reasoning for the judgment of the court of first instance.

2. Additional determination

A. Defendant’s assertion 1) Each of the instant statements are as follows: (a) the Plaintiff Company C (hereinafter “C”) by March 31, 2014.

not only the fact that 250,000,000 won and damages for delay shall be paid to the Plaintiff, but also the F land and the above ground housing owned by the Plaintiff in order to secure the said obligation (hereinafter “instant real estate”).

A) As to the establishment of a right to collateral security, C has received documents necessary for the establishment of a right to collateral security (the certificate of registration of the real estate of this case, the contract to collateral security, and the power of attorney under the name of the plaintiff, and the certificate of personal seal impression and the certified copy of resident registration card directly issued by the plaintiff) from D as stated in the letter of this case. In light of this, it is reasonable to deem that each of the instant documents of this case was genuinely prepared by D according to the Plaintiff’s delegation. 2) Even if the Plaintiff’s assertion is based on the Plaintiff’s assertion, it is deemed that D granted the basic power of attorney for the act of guaranteeing adoption of his/her father to D, and therefore, it is reasonable to believe that D’s preparation of the letter of this case by proxy constitutes an expression agent under Article 126 of the Civil Act

B. Determination 1) Eul evidence Nos. 1 through 6 (A. 1) (A. 6) prepared each of the instant statements in the C’s future, and D’s representative director G: ① the registration certificate of the instant real estate owned by the Plaintiff; ② the registration certificate of the instant real estate; ② the Plaintiff’s certificate of the establishment of the debtor and the creation of the right to collateral security; ③ the uncompletioned power on which the Plaintiff’s seal impression is affixed; ④ the Plaintiff’s personal seal impression was directly issued on January 20, 2014.

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