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 parties' assertion

A. The Plaintiff concluded a loan contract with 113,00,000 won of the loan principal on May 4, 2010, with the Plaintiff’s seal, identification card, etc. attached to the Plaintiff’s husband C, who worked as a person in charge of loan from the Defendant Union, and entered into a loan contract with 4,000,000 won of the loan principal on December 1, 2010 (hereinafter the above two loan contracts collectively referred to as “each of the instant loan contracts”). Thus, the Plaintiff sought confirmation of the absence of the obligation under each of the instant loan contracts against the Defendant.

B. The defendant, as the plaintiff comprehensively delegated the right to loan to C, which is the husband, so each of the loan contracts of this case was lawfully concluded, and even if not delegated on domestic affairs, C, which was substituted by the plaintiff's economic activities, concluded each of the loan contracts of this case for the purpose of acquiring real estate through the activities of property increase by the husband and wife, so each of the loan contracts of this case is deemed a juristic act included in the scope of the right of common residence of the husband and wife, and even if it exceeded the scope of the opinion, the expression agency is formed. Since the plaintiff explicitly ratified each of the loan contracts of this case after the conclusion of each of the loan contracts of this case, the plaintiff asserts that the plaintiff is liable to pay

2. Determination

A. Each of the loan contracts of this case was concluded by the Plaintiff’s intent as to whether the right of representation was represented by the granting of the power of representation

In light of the following: (a) whether C entered into each of the loan contracts of this case with the Plaintiff’s authorization; (b) the Plaintiff did not submit the Plaintiff’s certificate of personal seal impression when entering into each of the loan contracts of this case; (c) the Plaintiff’s name, etc. stated in each of the loan contracts of this case was written by C, not written by the Plaintiff; and (d) C’s consent.