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(영문) 전주지방법원 2019.06.13 2018나7750

양수금

Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On July 2015, B Co., Ltd. (hereinafter “B”) received an application for a new installment loan (hereinafter “instant loan application”) under the Defendant’s name stating that “the Defendant Company shall receive a loan from B at interest rate of KRW 4.9% per annum, delay damages, 29% per annum, and 36 months during the lending period.”

The applicant column for the loan application of this case is marked with a name tag stating the name, address, business registration number and name C, a director of the defendant company, and the seal of the corporate seal of the defendant company.

B. On July 23, 2015, B loaned KRW 26,100,00 to the Defendant Company according to the instant application for the loan. On February 1, 2017, the foregoing principal and interest of the loan was overdue, and thus, the benefit of the payment of the loan was lost at that time.

C. On February 20, 2017, B transferred the claim for the principal and interest of the loan to the Defendant Company to the Plaintiff, and on March 30, 2017, B notified the Defendant Company of the assignment of the said claim and gave notice to the Defendant Company around that time.

As of October 23, 2017, the balance of the principal and interest of a loan based on the application for the instant loan as of October 23, 2017 is KRW 25,373,060 (i.e., the balance of the principal and interest of a loan plus KRW 5,440,079 in total until October 22, 2017).

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion is that the Defendant Company received a loan from B by entering into a loan agreement in accordance with the loan application form.

Even if D, which is not the representative C of the defendant company, concluded the above loan agreement as the representative of the defendant company, D not only is the actual representative of the defendant company, but also C, which is the representative of the defendant company, allowed D to perform his duties as the representative of the defendant company by using the corporate seal impression, personal seal impression, etc., and thereby D to do so.