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(영문) 수원지방법원 2020.08.20 2019나89579
대여금
Text

The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the court of first instance is in the judgment.

Reasons

1. Facts of recognition;

A. As between the Plaintiff and C, the Plaintiff drafted a certificate of borrowing (as collectively referred to in subparagraph 1-1, subparagraph 2-1, and subparagraph 2-1, and hereinafter referred to as “each of the instant loan certificates”) with the content that the Defendant, a female student of C, borrowed KRW 12.3 million from the Plaintiff on November 6, 2017, and KRW 12.3 million on December 6, 2017.

B. C at the time of the preparation of each of the loan certificates in this case, entered the Defendant’s name in the debtor column, affixed the Defendant’s seal imprint on the name next to the name, affixed his name on the joint and several sureties column, and affixed his seal.

[Reasons for Recognition] Each entry of Gap evidence 1 and 2 (including paper numbers) and the purport of the whole pleadings

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Defendant granted the right of representation to C in relation to the preparation of the obligor’s portion under each of the loan certificates in this case, and C, as the Defendant’s authorized representative, indicated the Defendant as the Defendant and concluded a monetary loan contract with the Plaintiff. Therefore, the Defendant bears the obligation to borrow money to the Plaintiff in accordance with the content of each of the loan certificates in this case. (ii) Even if C granted the right of representation in relation to cosmetics’s business by entrusting the Defendant with the seal impression and the certificate of seal impression necessary for the settlement of the purchase of products and the purchase of products, there was justifiable reason to believe that C had the authority to prepare

Therefore, the defendant bears the responsibility by the expression agency, so the defendant bears the obligation to borrow the loan against the plaintiff.

B. 1) Determination 1) As long as the establishment of a disposition document is authentic, the court should recognize the existence and content of the declaration of intent in accordance with the language and text stated in the disposition document, unless there is any clear and acceptable reflective evidence that denies the contents of the disposition document.

B. However, if a disposal document is deemed to have been authentic as above, the document will follow it.

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