1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. The reasoning of the judgment of the court of first instance regarding this case is as follows, with the exception of adding the judgment of the defendant as to the defendant's argument, the part against the defendant in the reasoning of the judgment of first instance.

(The main text of Article 420 of the Civil Procedure Act). For convenience, the status of the co-defendant in the first instance trial is indicated as the "defendant" as in the first instance trial.

[Additional Decision] ① The Defendant Company refers to the “Agreement on Loan for Consumption for Money, etc. of this case” (Evidence A 1), Escro contract (Evidence A 2-1), power of attorney (Evidence A-1-1-1), and a written request for payment (Evidence A-9-1-1) through the following, in common name.

Recognizing that the stamp image of the defendant company, which is stamped, was withdrawn by the corporate seal impression of the defendant company, there is no authority for the third party (defendant D) to use the corporate seal of the defendant company without any authority.

However, there is no dispute between the parties that the husband of C, a representative director in the name of the defendant company, and that H, an auditor on the registry of the defendant company, was a major shareholder of the defendant company at the time when the letter of loan for consumption of money was prepared.

However, according to the purport of Gap evidence 8-2 through 4 and the whole pleadings, H is recognized by taking the form delegated by Eul, the representative director under the name of the defendant company, and affixing the corporate seal of the defendant company on the side of the trade name of the defendant company stated in the letter of loan for consumption of money in this case, etc. on behalf of the defendant company.

Thus, the stamp image of the defendant company, which is stamped on the letter of loan for consumption of money of this case, is withdrawn by H with a legitimate authority to affix a corporate seal on behalf of the defendant company, and its authenticity is recognized, and the authenticity of the defendant company's stamp image which is stamped on the letter of loan for consumption of money of this case is recognized.