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(영문) 수원지방법원 2015.09.10 2015나1052
보증채무금
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. Basic facts

A. On or around December 3, 2013, the Plaintiff received a certificate of personal seal impression issued by the co-defendant C (hereinafter “C”) of the first instance trial, which was the Defendant’s wife, and the Defendant’s certificate of personal seal impression issued by C, which was issued by the Plaintiff, the payee, the issuer, and the Defendant.

B. The Defendant’s signature and seal in the column of the issuer of the Promissory Notes of this case are written and sealed by C at will without the Defendant’s permission.

[Ground of recognition] The descriptions of Gap evidence Nos. 1, Eul evidence Nos. 1, 1 and 2 (including each number), the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. The part of the Promissory Notes in the Plaintiff’s assertion in the name of the Defendant was issued by C on behalf of the Defendant, or even if C did not have the authority to represent the Defendant, the Plaintiff believed that C, who had the Defendant’s certificate of personal seal impression, had the authority to act as an agent for the Defendant, and on the grounds that there are justifiable grounds for such belief, the Defendant should pay the amount stated in the claim jointly with C.

On the other hand, since C’s act of issuing the Promissory Notes in the name of the Defendant or borrowing money from the Plaintiff several times before the issuance of the Promissory Notes in relation thereto within the scope of the Plaintiff’s right of temporary representation, the Defendant, the husband, also is liable for the act of issuing the Promissory Notes or borrowing money.

B. As to whether C was authorized to act as an agent for the Defendant, it is examined whether C had the authority to act as an agent for the Defendant, and as recognized earlier, C arbitrarily stated and sealed the Defendant’s signature and seal in the column of the issuer of the Promissory Notes, and as such, C issued the part of the Promissory Notes in its name on behalf of the Defendant.

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