A. The Plaintiff loaned the amount equivalent to the face value (286 million won in total) of Chapter 7 of the Plaintiff Promissory Notes (Nos. 1 through 7) to the Defendants who are the issuers. As such, the Defendants are liable to pay the Plaintiff the loans and damages for delay equivalent to the face value of each Promissory Notes.

At this time, Defendant C issued promissory notes with the power of representation granted by the remaining Defendants, and even if not, the express representation of Article 126 of the Civil Act is established.

B. Defendant C merely borrowed money from the Plaintiff and used Defendant D and E’s account, the husband of the Plaintiff, and Defendant C, D and E do not have a duty to repay the loan to the Plaintiff.

Promissory notes issued by Defendant C in the name of Defendant B, D, and E are governed by unauthorized Representation, and since there was no fundamental power of representation, it is not constituted an expressive representation under Article 126 of the Civil Act.

Defendant C issued each Promissory Notes upon the Plaintiff’s request while repeatedly borrowing and repaying money from the Plaintiff. Finally, Defendant C issued Promissory Notes (Evidence A No. 2) and finally settled the principal and interest of the loan remaining until March 6, 2009.

After that, Defendant C repaid to the Plaintiff KRW 12.4 million.

Upon settling the details of the account transaction between the Plaintiff and the Defendants, the Plaintiff’s loan claims against Defendant C remain at KRW 8,452,800, and the period of extinctive prescription expired due to the expiration of the relevant commercial contract.

2. Determination

A. According to the evidence evidence Nos. 9 through 15 (including each number), the Plaintiff transferred KRW 197,052,800,000 to the Defendants’ account several times until the Plaintiff transferred KRW 2.8 million to Defendant C account on June 2, 2006. On March 7, 2009, the Plaintiff transferred KRW 197,052,80 in total to Defendant D account several times. On June 13, 2006, the Plaintiff received KRW 2 million from Defendant C account on March 31, 2010, and received KRW 1.8,600,000 in total from Defendant B account several times. < Amended by Presidential Decree No. 19328, Jun. 13, 2006>