1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. On November 29, 2013, the Plaintiff asserted that the Plaintiff entered into a contract to supply ready-mixed to B Co., Ltd. (hereinafter “B”), and the Defendant signed and sealed the column for joint and several sureties’s liability.

Even if C affixed the Defendant’s signature and seal, C obtained the Defendant’s husband D’s consent.

Even if it is not so, C is liable to act as an expression agent for the defendant on the signature and seal of the defendant's name.

Therefore, the defendant is liable to pay to the plaintiff the 13,272,300 won of ready-mixed and its delay damages as joint and several surety for the payment of the B ready-mixed and its joint and several surety for the payment of the B.

B. Considering the fact that the authenticity of a disposition document is recognized, inasmuch as the content of the document is recognized and there is no clear and acceptable counter-proof evidence to deny the content of the document, the existence and content of the declaration of intent in accordance with the content of the document should be recognized. Considering that the authenticity of the disposition document is recognized, it should be careful in recognizing the authenticity of the disposition document. Even if it is a disposition document, if it is proved that it is forged and its authenticity is not recognized, the existence and content of

(See Supreme Court Decision 2002Da34666 Decided September 6, 2002, etc.). According to the above legal principles, the Defendant asserts that the instant case was not signed and sealed on the column of joint and several sureties of the Red Cross (Evidence A2) submitted by the Plaintiff. In light of the following circumstances, it is reasonable to deem that the Defendant’s signature was forged by C, and it is difficult to recognize the liability of acting as an expression agent under Articles 125 and 126 of the Civil Act.

1. The witness C at the trial while stating that “B representative E and the employee F of the Plaintiff is prohibited from shipping ready-mixed without the Defendant’s signature.”