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

A. On May 1, 2016, the Defendant entered into an association cooperation agreement with the Plaintiff, under which the Defendant would grant the Plaintiff the right of preferential negotiation for dismantling and remodelling of the Defendant’s 700 tons of gale seeds in B purchased (hereinafter “instant gale”) (hereinafter “instant partnership agreement”).

Then, the Defendant, through the Defendant’s managing director, requested the Plaintiff through C to lend KRW 200 million to the Plaintiff. On August 22, 2016, the Plaintiff transferred KRW 200 million to the account of E, a representative of D, designated by C, and requested C to lend additional money. On August 30, 2016, the Defendant lent KRW 330 million in total to the account of E in the name of F, an employee of the Plaintiff, by remitting KRW 130 million to the account of E.

The plaintiff was paid KRW 60 million from the defendant, and the defendant is obligated to pay the remainder of the loan amount of KRW 270 million to the plaintiff as well as damages for delay.

B. Even if C did not have the right of representation to borrow money from the Plaintiff on behalf of the Defendant, the Defendant permitted C to use a regular name, and C took the lead of concluding the instant partnership agreement on behalf of the Defendant at the time of the conclusion of the instant partnership agreement, and was at the site of preparing the instant partnership agreement. This indicated that C shall grant the right of representation to the Defendant’s employee as the Defendant’s employee, and thus, the Defendant is liable for the expressive representation by the certificate of delegation.

2. Determination

A. C’s act of claiming transfer of money to the Plaintiff is effective, and when a representative of the relevant legal doctrine acts on behalf of the principal, the principal and his/her agent are indicated in accordance with Article 114(1) of the Civil Act. Thus, the act is performed without the full name of the representative relationship.