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(영문) 서울고등법원 2019.12.11 2019나2022188
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

The judgment of the court of first instance.

Reasons

1. In accordance with the main sentence of Article 420 of the Civil Procedure Act citing the judgment of the court of first instance, the part against the defendant among the grounds of the judgment of the court of first instance is

However, as follows, part of the claim is dismissed, and the judgment on the argument made by the plaintiff in this court shall be added.

2. On the fourth page of the judgment of the court of first instance, the following five to four acts were followed: “In accordance with the results of the appraiser H’s seal appraisal of the first instance court, the results of the appraiser H’s seal appraisal (a written appraisal submitted by H on August 30, 2018 and the amendment submitted by H on September 6, 2018) and the results of the inquiry into H by this court.”

On the 5th of the first instance judgment, "No. 6" shall be added to "No. 5-1 to 2", and "outside director" in the 7th of the same 4th of the same 5th of the first instance judgment shall be added to "No. 5-1 to "No. 6".

3. Additional determination (whether to recognize an expression agency);

A. The Plaintiff’s assertion, even if the Defendant did not delegate F with the authority to conclude the instant joint and several liability contract, the Defendant, as a director, delegated F with the business of the company’s ordinary. At the time of the instant joint and several liability contract, the Defendant delivered the certificate of personal seal impression directly issued by the Defendant to F to prepare the minutes of the board of directors of the said company. Thus, F had the basic power of attorney against the Defendant to the said extent.

Furthermore, F had a seal similar to the above certificate of the personal seal impression issued by the Defendant at the time of the instant joint and several surety contract, and as the Plaintiff believed that F had the right to execute the instant joint and several surety contract on behalf of the Defendant, and there was justifiable reason to believe that F had the right to execute the instant joint and several surety contract.

Therefore, the defendant is liable for the joint and several surety contract of this case in accordance with the express representation provision of Article 126 of the Civil Act.

B. At the time of the instant joint and several sureties contract, even if F had the basic power of representation as alleged by the Plaintiff, the Civil Act.

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