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The judgment of the court below is reversed, and the case is remanded to Daejeon District Court Panel Division.
Reasons
The grounds of appeal are examined.
1. Ratification of an invalidation or an unauthorized representation is a single act with knowledge of the invalidation, etc. and with the effect of such an act to vest in the person in question. Thus, if there are circumstances to deem that the person in question sufficiently understand the legal status faced by such an act and, on the basis of the person in question, it can be deemed that the ratification has been impliedly accepted.
(see, e.g., Supreme Court Decision 2010Da83199, Feb. 10, 201). 2. Review of the reasoning of the lower judgment and the evidence duly admitted reveals the following.
(1) On May 8, 2008, Korea Mutual Savings Bank Co., Ltd. (hereinafter “Korea Mutual Savings Bank”) concluded a credit transaction agreement with the borrower to lend KRW 300 million to the defendant.
(hereinafter “The first credit transaction agreement of this case.” The borrower column of the first credit transaction agreement of this case includes the defendant’s name and the defendant’s seal imprint is affixed next thereto. The defendant’s personal seal impression and the abstract of resident registration card are attached to the defendant’s personal seal impression issued on May 8, 2008.
On May 8, 2008, the amount of KRW 70 million was withdrawn from the Korea Savings Bank account under the name of the Defendant to the national bank account under the name of the Defendant. Among them, KRW 70 million was withdrawn on May 13, 2008, and was transferred to the national bank account under the name of the Defendant. On May 15, 2008, KRW 25 million was withdrawn and transferred to the national bank account under the name of the Defendant.
(2) On August 18, 2008, Korea Savings Bank entered into a credit transaction agreement with the borrower to lend KRW 300 million to the defendant.
(hereinafter referred to as "the second credit transaction agreement of this case". The borrower column of the second credit transaction agreement of this case includes the defendant's name, and the defendant's seal impression is affixed next thereto, and the defendant's seal is issued on behalf of August 18, 2008.