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(영문) 서울중앙지방법원 2015.10.28 2014나29383
계약금반환 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

Judgment of the first instance.

Reasons

1. The grounds for judgment of this court shall be the same as the part of the judgment of the first instance; and

(The main sentence of Article 420 of the Civil Procedure Act): Provided, That the following shall be added:

The following shall be added from the fifth and fourth bottom of the judgment of the first instance:

After that, when N is detained in another case, additional investigation was conducted against the defendant's accusation case.

According to the investigation results, N and D were suspected of forging a private document that forged the defendant's power of attorney on August 31, 2015, and even though the defendant was not authorized to represent the sales contract of this case, he was charged with a fine of KRW 3,000,000 on the charge of preparing a qualification document with a signature on the sales contract as the defendant's agent, even though he did not have the power of attorney on the sales contract of this case.

B. Next, “each statement” that will be the second part of the fifth judgment of the first instance court shall be added to “the testimony of a witness at the appellate trial.”

(c) above 7th of the first instance judgment, the following shall be added:

The plaintiff did not have the right of representation against D.

Even if D, with the proxy of the defendant, a certificate of personal seal impression, and a copy of identification card, signed the sales contract of this case as the defendant's representative, and the defendant asserts that such representative act shall be held liable in accordance with the provision of expression agency under Article 125

The expression agency by the indication of granting of power of representation as stipulated in Article 125 of the Civil Act is established when a person acts with a third party on behalf of the principal without relation to the nature of a basic legal relationship between the principal and the person who act as an agent, or the existence of its validity.

According to the health section, Section B, 5, 7, and 9, the power of attorney under the name of the Defendant appears to have been forged by N or D, and otherwise, the Defendant indicated that the power of attorney regarding the instant sales contract was granted to D.

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