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. Basic facts

A. On May 2016, between C and C with the Defendant’s certificate of personal seal impression, the Plaintiff entered into a sales contract with the Plaintiff for the D Ecoos car (hereinafter “instant car”) owned by the Plaintiff as the Plaintiff, and entered into a sales contract with the buyer as the Defendant, and completed the registration of ownership transfer in the future of the Defendant.

B. C prepared a loan certificate in lieu of the payment of the purchase price and delivered it to the Plaintiff at the time of the conclusion of the above sales contract. The loan amount is KRW 20 million, which is the unpaid purchase price of the instant vehicle, and the debtor is indicated as Defendant and C, and the loan certificate signed and sealed by the Defendant’s seal imprint (hereinafter “the loan certificate in this case”) was issued to the Plaintiff. The loan certificate in this case is accompanied by the Defendant’s certificate of personal seal impression.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. Summary of the parties' arguments

A. The Plaintiff asserted that the Plaintiff sold the instant passenger car at KRW 20 million to the Defendant via C with the authority to purchase the instant passenger car and to prepare a loan certificate or authority granted by the Defendant, and the Plaintiff was bound to prepare and deliver the instant loan certificate with a loan amount of KRW 20 million, which is the unpaid purchase price. Therefore, the Defendant is obligated to pay KRW 20 million to the Plaintiff.

Even if the Defendant did not grant C the right of representation regarding the preparation of the instant loan certificate, C is obliged to pay KRW 20 million to the Plaintiff, in accordance with Article 126 of the Civil Act, since C, at the time of preparing the instant loan certificate, holds the Defendant’s seal imprint, certificate of personal seal impression, and identification card, the Plaintiff believed that C granted C the right to prepare the instant loan certificate, and there was justifiable reason to believe as such, and thus, the Defendant is obliged to pay KRW 20 million to the Plaintiff.

B. The defendant's assertion is about C to prepare the loan certificate of this case.