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(영문) 수원지방법원성남지원 2016.08.11 2015가단202710

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant was a building business operator and the defendant's co-defendant in the instant case, which is the defendant, and the decision in lieu of conciliation became final and conclusive.

The construction of multi-household housing was contracted on the land of Gwangju City, which is owned by the defendant.

C to appoint a representative and delegate the following powers:

1. The act of newly constructing and leasing and selling and buying the DNA house in the Gwangju City; and

2. All acts relating to the receipt of deposit and proceeds from the lease of a newly-built house;

3. All other incidental acts incidental to the registration prior to the sale and purchase registration.

B. On August 10, 201, the Defendant paid the construction price with the purchase price or lease deposit to be received by selling or leasing the above multi-household house. On August 10, 201, the Defendant prepared and sent to C a power of attorney with the following contents, and around that time, the Defendant’s certificate of personal seal impression, the deposit passbook in the name of the Defendant, and the certificate

C. Upon request of C for a monetary loan, the Plaintiff lent money as follows.

① On October 5, 2011, upon receipt of a lease agreement on subparagraph 201 from C to the above multi-household house (a lessee: the Defendant (agent C), lessee: the Plaintiff, and the parties under the sales contract under the sales contract as referred to in paragraph (2) below are also those in the same form). On October 6, 2011, C transferred KRW 48.5 million after deducting interest from the loan amount of KRW 50 million to E’s account designated by C. < Amended by Presidential Decree No. 23283, Oct. 6, 2011.

② On October 17, 2011, a sales contract regarding 201 and 202 among the above multi-household houses as collateral from C was submitted, and on the same day, 96 million won was remitted after deducting interest from the Defendant’s account at KRW 100 million.

2. Assertion and determination

A. The Plaintiff’s assertion 1) As the Defendant, by acting as his agent, borrowed the above KRW 150 million from the Plaintiff, the Defendant is obligated to pay the said money to the Plaintiff. 2) Even if the assertion was made by the express agent, even if there was no right of representation as to the borrowing of money, the Defendant exceeded the authority under Article 126 of the Civil Act.

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