약정금
1. The Defendant: (a) KRW 120,00,000 for the Plaintiff and 5% per annum from November 12, 2014 to February 26, 2016.
1. On October 28, 2014, the Plaintiff leased KRW 600 million (hereinafter “instant loan agreement”) to Company B (hereinafter “B”), and on the same day, D, at the head of the Defendant’s branch, shall pay KRW 600 million to the Plaintiff at the above branch office by November 11, 2014, “NHF Bank C Branch D,” and “NHF Bank C Branch D,” and “D, with the seals affixed by the head of the branch and branch office,” and issued a copy of the Defendant’s corporate seal impression, D’s resident registration certificate, and C Branch name.
[Ground of recognition] Facts without dispute, Gap evidence 2, 3 (defensive Payment Certificate by Subrogation, defendant C branch office and branch office seal, and the authenticity of the entire document is presumed to be established. The defendant asserts that this document was made by the plaintiff's coercion, but it is not sufficient to recognize this only with the descriptions of the evidence No. 1-1 and No. 2, and there is no other evidence to acknowledge it) 4, 5, and 17, and the purport of the whole pleadings.
2. Determination as to the cause of action
A. The Plaintiff’s assertion 1) D constitutes a manager under the Commercial Act who has the authority to conduct all the Defendant’s business activities, and D’s preparation and delivery of the instant confirmation document to the Plaintiff is included in the Defendant’s business scope under Article 27-2 of the Banking Act. As such, the Defendant is obligated to pay the Plaintiff as a business owner the agreed amount of KRW 600 million and damages for delay under the said confirmation document. (2) Even if the act of preparing and delivering the instant confirmation document to the Plaintiff deviates from the Defendant’s business scope, there is a justifiable reason to believe that D was the authority to act for the Defendant, and thus, the Defendant is liable to pay the Plaintiff the agreed amount of KRW 60 million and damages for delay under the said confirmation document.