logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2016.10.28 2015나24758
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 first instance court.

Reasons

1. The reasons for the court's explanation of this case are as follows: "30 million won" in Part 2, No. 16 of the judgment of the court of first instance shall be dismissed as "50 million won"; "the plaintiff who is the person who has produced the document shall have due title delegated by the defendant who is the person who is the person who is the person who has prepared the document," and "the plaintiff shall have due title delegated by the defendant who is the person who is the person who is the person who has prepared the document and affixed the document" in Part 4, No. 11 of the judgment of the court of first instance, and "There is no material" in Part 4, No. 11 of the judgment of the court of first instance, and " even if the certificate, driver's license, seal, etc. was delivered to C by the defendant's will, such circumstance is merely a circumstance that the defendant would assume the responsibility as a person who has pledged his property to secure another's obligation, and there is no further evidence that the defendant granted the right to representation to C as a party to a monetary loan contract."

B. Determination as to the assertion of representation 1) A person who expresses to another person as to whether a representation is constituted under Article 125 of the Civil Act as to a third party shall be liable for a juristic act between the other party and the third party within the scope of his/her power of representation (Article 125 of the Civil Act). However, in order to establish the said representation, the principal must indicate that he/she has granted to the other party the power

C At the time of drawing up the loan certificate of this case between the Plaintiff and the Plaintiff, the Plaintiff was holding the register, registration certificate, driver's license, the Defendant's passbook, seal, etc. of the apartment under the name of the Defendant.

arrow