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(영문) 서울서부지방법원 2020.11.05 2020나42344
대출금
Text

The plaintiff's appeal and the plaintiff's additional claims are all dismissed.

after the filing of an appeal.

Reasons

1. The Plaintiff’s assertion: (a) the Defendant granted C the right to representation for a monetary loan agreement secured by a vehicle purchase contract and a vehicle; and (b) C purchased a vehicle on behalf of the Defendant on May 28, 2014 on behalf of the Defendant and borrowed KRW 40 million from D as security.

Since the above loan claim was transferred to the Plaintiff via E and F, the Defendant is obligated to pay the Plaintiff the loan stated in the purport of the claim.

Even if C was unable to obtain the power of representation regarding a monetary loan contract from the Defendant, the Defendant confirmed that it was an obligor to F. The Defendant granted the right of representation to C by affixing the Defendant’s seal imprint affixed in a blank document 3, a copy of the Defendant’s identification card, a copy of resident registration, and a certificate of personal seal impression, and granting C the right of representation. In cases where C entered into a monetary loan loan contract which exceeds his/her authority by forging the Defendant’s seal imprinting the Defendant’s seal, the expression agent is established, and the Defendant is liable

2. Determination

A. According to the statement in Gap's evidence Nos. 2 through 4, 6, 7, 9 through 14, Eul's evidence Nos. 4 through 6, 8, and 9 (including the serial number; hereinafter the same shall apply), the defendant purchased G vehicle through C (hereinafter referred to as "the instant vehicle") on or around April 29, 2014, and registered as the owner of the instant vehicle as the owner of the instant vehicle on or around April 30, 2014, C borrowed money from D as the defendant's agent (hereinafter referred to as "the instant loan"), and on the instant vehicle on June 13, 2014, the defendant borrowed money from D as the defendant's agent (hereinafter referred to as "the instant loan"), and on the instant vehicle on which the mortgage was established to secure the instant loan claim on July 25, 2018, the plaintiff acquired the instant loan claim on behalf of the F and notified the defendant of the transfer of the claim on June 4, 2016.

However, the above evidence alone is from D.

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