대여금
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited in the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the following determination as to the assertion added in the appellate court to “Company G” of No. 18, the third part of the judgment of the court of first instance, as “stock company I,” and thus, it is acceptable in accordance with the main sentence of
2. As to the assertion of performance against quasi-Possessor of the claim, the Defendants asserted that, even if the creditor of the instant loan is the Plaintiff, the Defendants, through D, borrowed money from the Plaintiff and demanded payment from D, so the payment made to the person designated by D or D is valid as the repayment made to quasi-Possessor of the claim.
“Quasi-Possessor of a claim” under Article 470 of the Civil Act refers to a person who has an external appearance to believe that he/she has a legitimate authority to exercise a claim under the general transactional norms, and the repayment to quasi-Possessor of a claim is effective when the person performing the obligation is bona fide and without negligence (see, e.g., Supreme Court Decision 2010Da85874, Sept. 8, 201). As asserted by the Defendants, the obligor cannot be deemed to have any external appearance to believe that he/she has the authority to receive the payment solely on the sole basis that D arranged the instant loan transaction and urged the Defendants to perform the payment upon the Plaintiff’s request.
Furthermore, in light of the fact that there is no fact that the Defendants confirmed that D had the right to receive repayment at the time of the repayment of the claim, etc., the Defendants cannot be deemed to have been negligent in believing that D had the right to receive payment.
The defendants' arguments are not accepted.
3. The judgment of the court of first instance is just, and the defendants' appeal is dismissed.