대여금
1. Defendant B’s 140,000,000 won and 2% per month from July 8, 2016 to the date of full payment.
1. The Plaintiff: (a) on October 8, 2014, transferred the instant loan to Defendant B to an account in the name of D; (b) on the first date for pleading, Defendant B was the person whose obligation to repay the instant loan was the principal’s obligation.
150,000,000 won after the due date for two to three months, the interest rate was agreed to pay 3,000,000 won per month (2% per month).
[Ground of recognition] Unsatisfy, entry of Gap evidence 4, purport of whole pleadings
2. According to the facts of the above recognition as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff interest of KRW 140,000,000 (=150,000,000 - the amount already paid 10,000,000) out of the loan to the Plaintiff and the interest rate of KRW 2% per month from July 8, 2016 to the date of full payment.
3. Determination as to the claim against Defendant C
A. Determination 1 on the Plaintiff’s assertion of the representative director 1) Defendant B is the Defendant C Co., Ltd. (hereinafter “Defendant Company”).
(D) Non-Party D Co., Ltd. (hereinafter “D”).
A) As an internal director of the above two companies, the representative director of the defendant company is the owner and the representative director of the defendant company is a person registered as the representative director only under the name of the defendant B. As such, the defendant company is liable for the acts of the defendant B, which is the representative director, and the defendant company is jointly with the defendant B, and thus, the defendant company is obligated to repay the defendant's loan to the plaintiff. (2) The expression representative director under Article 395 of the Commercial Act of the judgment is a system that allows the company to be held liable for the acts of the director using a name that is recognized as having authority to represent the company even if the director has no authority to represent the company, even if the director does not have authority to represent the company, it is premised on
According to Gap evidence No. 1, the fact that defendant B had the name of representative director of the defendant company is recognized.