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(영문) 서울고등법원 2016.02.05 2015나2026281
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

Judgment of the first instance.

Reasons

1. The reasoning of the judgment of the court of first instance concerning the Plaintiff’s assertion is the same as the ground of the judgment of the court of first instance, in addition to the addition of the following additional determination as to the Plaintiff’s assertion, and thus, it is acceptable in accordance with the main sentence of Article 4

2. Additional determination

A. 1) The Plaintiff asserted that the Plaintiff lent the instant loan to the Defendant through F in the office of the certified judicial scrivener. Therefore, whether there was a justifiable reason to believe that the Defendant was authorized to act on behalf of the Defendant regarding the instant loan agreement, etc. should be determined on the basis of F. However, as the Defendant’s wife presented to F the power of proxy certified in the name of the Defendant, the instant notarial deed, and the deposit account in the name of the Defendant, and requested F to transfer the instant loan to the Defendant’s deposit account in the name of the Defendant, and to process the registration of creation of a neighboring mortgage regarding the instant loan agreement, etc., F was bound to believe that D was authorized to act on behalf of the Defendant regarding the instant loan agreement, etc. Even if it was not authorized to act on behalf of the Defendant, according to the legal principles of expression agent, the Defendant was obligated to repay the instant loan to the Plaintiff in accordance with the instant agreement, etc. However, according to the foregoing evidence, F was not aware of the amount of the instant loan agreement or the instant agreement, etc., and did not present it to the Defendant D’s trust.

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