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1. The defendant's appeal is dismissed.
2. The costs of appeal are assessed against the defendant.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. According to the statement in Gap evidence Nos. 2 through 7, around February 7, 2017, non-party C borrowed KRW 20,000,000 from the plaintiff and prepared a loan certificate. The loan certificate contains the name and resident registration number of the defendant, and the defendant's name is affixed to the defendant's name. After the loan certificate, it can be recognized that the defendant's identification certificate, the copy and the resident registration certificate are attached to the defendant's identification certificate, and the defendant's identification certificate, the copy and the resident registration certificate attached after the loan certificate are issued to the non-party C is also the defendant.
According to these facts, C was unable to obtain legitimate power of representation regarding the above borrowed money from the Defendant.
In the instant case where there is no proof of the special circumstance that the Plaintiff knew or could have known that there was no power of representation to C, it is reasonable to view that C constitutes an expression representation by the indication of power of representation pursuant to Article 125 of the Civil Act as to the borrowing of the above money on behalf of the Defendant, inasmuch as the Defendant indicated C the granting of power of representation by delivering a certificate of seal impression, a certificate of seal impression, etc.
Therefore, the Defendant is obligated to pay the remainder of 8,00,000 won and delay damages therefor, excluding the amount that the Plaintiff received from the Plaintiff. Under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 29768, May 21, 2019), 15% per annum pursuant to the statutory interest rate provision of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings until May 31, 2019 (amended by Presidential Decree No. 29768, May 21, 2019), and 12% per annum from the following day to the date of full payment.