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(영문) 부산지방법원 2019.05.15 2018나59465
청구이의
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 of the court of first instance’s explanation concerning this case is as follows: (a) adding “unfeasible” to “the date of remittance” following the 2nd sentence of the judgment of the first instance; (b) closing the 14th class “the same day” into “around that time”; and (c) adding the following judgments as to the matters additionally asserted in the court of first instance, it is identical to the grounds of the judgment of the first instance, and thus, (d) citing this in accordance with the main sentence of Article

2. The defendant's assertion that the additional judgment was made by G, even if G acted as an agent in excess of the basic power of attorney, the plaintiff should pay the above loans on the ground that it is believed to be the plaintiff's agent by holding the plaintiff's seal impression, certificate of personal seal impression, corporate seal impression, and the office of management director of C, and there

Judgment

The defendant's assertion appears to be the argument that the debtor was a corporation or corporation, and the plaintiff is the representative director of C, but if G was acting as the agent of C, it can only be held liable against the above company, and it cannot be demanded that the plaintiff bear the company's obligation against the plaintiff. Thus, the defendant's argument itself is without merit.

In addition, according to the purport of the evidence No. 7 (Order of Payment), the witness G of the first instance trial, and the entire testimony and pleadings, the Defendant alleged that “the Plaintiff was unable to refuse the request from the person who received the order for temporary loan of funds,” but subsequently, the Defendant changed the assertion that “G requested the loan of funds on behalf of the Plaintiff.” In light of the fact that G did not reveal any circumstance that at the time of requesting the loan of money, the Plaintiff’s personal seal impression, personal seal impression, etc. presented to the Defendant, etc., the Defendant was believed to be the Defendant.

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