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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 behind this part of the judgment of the court of first instance is the same as that of Paragraph 1 among the reasons for the judgment of the court of first instance, and thus, this part is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act
2. The assertion and judgment
A. 1) The parties’ assertion 1) Plaintiff E affixed the Defendant’s seal imprint on behalf of the Defendant in the column for joint and several surety for the instant performance letter, and at the time, Nonparty E obtained the Defendant’s comprehensive power of representation related to the said land development project, and thus, there was the authority to conclude a joint and several surety contract for the instant construction cost obligation related to the said development project. ② Even if Nonparty did not have the authority to conclude a joint and several surety for the instant construction cost obligation on behalf of the Defendant, E obtained the said comprehensive power of representation from the Defendant. As such, the Plaintiff was justifiable to believe that E had the authority to conclude a joint and several surety contract for the instant construction cost obligation on behalf of the Defendant. ③ Accordingly, E had the authority to conclude a joint and several surety contract for the instant construction cost obligation on behalf of the Defendant, even if not, due to the effect of the said joint and several surety contract on behalf of the Defendant under Article 126 of the Civil Act, the Defendant is obligated to pay the Plaintiff the right of representation for the instant construction cost.
② In addition, the Plaintiff was well aware of the fact that the Defendant did not intervene in the pertinent land development project, and thus, the Plaintiff was fully aware of the fact that E did not have the authority to conclude a joint and several guarantee contract on behalf of the Defendant for the instant construction cost.
B. Determination 1: The instant statement of performance.