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(영문) 서울고등법원 2016.08.19 2016나2006666
대여금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. On January 24, 2007, the Plaintiff, the Defendant’s husband of the first instance court (hereinafter “B”), designated and lent KRW 38 million as 1% per interest month, 20% per annum, 20% per delay damages, and 23 January 23, 2016, to the co-defendant B (hereinafter “B”).

(hereinafter “instant loan”). (b) The instant loan

B On January 24, 2007, in the capacity of the debtor himself as the defendant's representative, a notary public entrusted the preparation of a notarial deed of money consumer loan contract with the purport that "the plaintiff shall pay 338 million won interest per annum to B on January 24, 2007, 1% per annum, 20% per annum, delay damages, and 23 January 23, 2016 due date, and the defendant shall guarantee and guarantee the above loan obligations of B," and on the same day, a notarial deed of the above contents (hereinafter referred to as "notarial deed of this case") was prepared under Article 31 of the 207 deed.

C. The notarial deed of this case contains a power of attorney in the name of the defendant and a certificate of personal seal impression of the defendant. The above power of attorney stated that the defendant delegate all the authority of the defendant to commission B to prepare the notarial deed of this case, and the defendant's seal impression is affixed thereto.

Meanwhile, at the time of the instant loan, the Plaintiff and B agreed to lose the benefit of the time and immediately repay the remainder of the loan when B delays the payment of interest at least once, and the Plaintiff and B did not pay the interest on the said loan on February 24, 2007, which is the interest payment date.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-1 and 2-1, each entry, the result of the dispatch of documents to the E-office of the court of first instance to the E-office of notary public, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. At the time of the instant lease, the Defendant granted B the right of representation for joint and several sureties with the Defendant’s seal imprint affixed to B.

In addition, the act of joint and several sureties's joint and several sureties's act on behalf of the defendant is valid as an act within the scope of the right of representation for family affairs.

b. B’s loan obligations against the Plaintiff on behalf of the Defendant.

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