대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
(b) the facts of the basis;
A. On April 15, 2008, the Plaintiff prepared a “cash storage certificate (hereinafter “this case’s cash storage certificate”) with the purport that the Plaintiff set KRW 30 million to C on August 10, 2008 and lent the loan (hereinafter “instant loan”) by 2% per interest month between C and C.
The phrase “(B)” of the cash custody certificate of this case is “(B)” and the Defendant’s seal imprint is affixed on the side “* attached documents; (B) personal seal impression”; and (B) at the lower end.”
B. On April 16, 2008, the Plaintiff transferred KRW 30 million to the Daegu Bank Account (D) in the name of the Defendant pursuant to the instant lending agreement.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the claim of this case
A. The plaintiff's assertion that the defendant granted C the right to represent the lending of this case.
Even if it is not so, ① the Defendant indicated the granting of the power of representation to C and C acted as an agent within the scope of the power of representation (the expression agent under Article 125 of the Civil Act) and ② C had the basic power of representation and had the Defendant’s seal impression and certificate of seal impression deposited in the account under the name of the Defendant, and there was a justifiable reason to believe that C had the power of representation.
(Apparent Representation under Article 126 of the Civil Act). Accordingly, the defendant is obligated to repay the loan of this case to the plaintiff.
B. (1) According to the statement of the evidence Nos. 1 and 3 as to whether to grant the power of representation, the fact that C presented the Defendant’s certificate of personal seal impression and seal imprint at the time of the instant loan and received the power of representation from the Defendant is recognized as “B” on the side of the name of “C”.
Meanwhile, in light of the overall purport of the arguments in the evidence Nos. 1, 2, 3, and 5, C and the defendant maintained a marriage by reporting marriage on April 27, 1992 and maintaining a marriage life on August 22, 2013, and (2) C are located at the Daegu District Court on October 31, 2013.