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(영문) 서울고등법원 2016.09.01 2016나6943
대여금반환
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The reasons for the court's explanation in this judgment are as follows: ① the third to fourth to fourth to ten of the judgment of the court of first instance among the reasons for the judgment of the court of first instance; ② the addition of the plaintiff's assertion as stated in the reasoning for the judgment of the court of first instance, except for the addition of the following "paragraph 3", and thus, it shall be cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As to this part of the judgment below, the plaintiff asserts that the defendant issued the defendant's certificate of the personal seal impression with the defendant's certificate to Eul, as the defendant's representative, Eul delegated all the rights necessary to conclude the joint and several several several sureties's loan obligation under the loan certificate of this case as the defendant's agent. The defendant's certificate of personal seal impression in the column for the joint and several sureties's loan certificate of this case is not the defendant but C's seal impression directly affixed and sealed the defendant's seal impression. As mentioned above, there is insufficient evidence to recognize that the circumstances that C possessed and used the defendant's seal impression are for concluding the joint and several sureties's joint and several sureties contract as alleged above. In full view of the defendant's circumstances, although considering all of the evidence submitted by the plaintiff up to the trial, it cannot be acknowledged that the defendant entrusted the defendant with all the rights necessary to conclude the loan's joint and several sureties contract between the plaintiff and the defendant's agent qualification, and there is no other evidence to acknowledge it otherwise. Accordingly, the plaintiff's assertion based on the above premise cannot be accepted.

3. Additional determination

A. The gist of the plaintiff's assertion is that the defendant delegated C with the right to conclude a contract for fidelity guarantee necessary for employment as the defendant's representative.

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