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(영문) 춘천지방법원강릉지원 2016.05.03 2015나2000
대여금
Text

1. The plaintiff's appeal and the plaintiff's conjunctive claim added in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the instant case is as follows, with the exception of the following determination as to the assertion by expression and the conjunctive claim added in the court of first instance among the main claims, and thus, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to the assertion of representation in the primary claim

A. As to the assertion of representation under Article 125 of the Civil Act, the Plaintiff: (a) in light of the fact that the Plaintiff manages the Defendant’s account and the Plaintiff’s assets are in the name of the Defendant and that D lends money to its wife, the Defendant expressed his/her intention of granting the power of representation under Article 125 of the Civil Act; and (b) thus, the Defendant asserts that the Plaintiff is liable for the expression of representation under Article 125 of the Civil Act; (c) the expression of representation by the indication of power of representation under Article 125 of the Civil Act is established where, regardless of the nature or validity of the basic legal relationship between the principal and the person who performed the act on behalf of the principal, a third party with the indication that the principal granted his/her power of representation in performing a legal act with the third party is not sufficient to recognize that the Plaintiff borrowed money from the Plaintiff’s aforementioned agent on behalf of the principal (see, e.g., Supreme Court Decision 2007Da23425, Aug. 23, 2007).

B. As to the assertion on the representation of expression under Article 126 of the Civil Code, the Plaintiff is the Plaintiff.

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