logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.07.13 2017나15521
채무부존재확인
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except where the defendant added the judgment as to the assertion that the defendant emphasizes or adds to this court, and thus, citing it as it is in accordance with the main sentence

(However, the part of the first instance court's joint defendant savings bank, OTC-friendly savings bank corporation, and ETC-friendly savings bank corporation). 2. Additional determination

A. The Defendant’s assertion by analogy is based on the following: (1) As the Plaintiff’s assertion delegated the purchase of used vehicles to E on June 19, 2014, E had the basic power of attorney to conclude a loan contract on behalf of the Plaintiff; and (2) the account transferred under a loan agreement dated November 30, 2015 (hereinafter “instant loan agreement”) is the same as the account transferred under the loan agreement dated November 30, 2015 (hereinafter “instant loan agreement”); (1) the Defendant has justifiable grounds to believe that E has the power of attorney to conclude the instant loan agreement on behalf of the Plaintiff, and thus, the expressive representation under Article 126 or 129 of the Civil Act is established.

(2) In cases where the judgment agent did a juristic act in his/her own name by deceiving himself/herself as if he/she was the principal without indicating an act of representation, barring any special circumstance, an expression agent under Article 126 of the Civil Act may not be established, unless there are any special circumstances. However, where the principal has basic power to act on his/her behalf, and the other party has justifiable reasons to believe that he/she was to exercise his/her authority on his/her own as the principal, the legal doctrine of the said expression agent may

(See Supreme Court Decision 2001Da49814 Decided June 28, 2002, etc.). In addition, in a case where the former power of representation is extinguished and recognized as an expression agent under Article 129 of the Civil Act, if an act of representation exceeds the authority of said expression agent, the said act of representation under Article 126 of the Civil Act may be established.

arrow