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(영문) 인천지방법원부천지원 2016.07.08 2015가단114861

부당이득반환청구 등

Text

1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate from January 1, 2009 to December 25, 2015.

Reasons

1. Facts of recognition;

A. From the end of April 2012, C, who had been on the duty of the Plaintiff’s Treasury by the end of the end of December, 2008, requested the Defendant to pay interest in arrears in order to secure the financial soundness of the Plaintiff’s Treasury in default of loans for several recommendations on D, E, F, G, H, H, I, J, K, and L made by the Defendant’s introduction around the end of December 208.

B. On December 31, 2008, the Defendant, without obtaining the power of representation from M or obtaining the consent thereof, completed a loan transaction agreement with the Plaintiff, 50,000,000 won for the loan and loan, and the debtor, Ma and the surety, who are one’s own children, signed a loan transaction agreement (Evidence A-2) with the Defendant, and affixed the M’s seal imprint at will on the side of M’s name.

(hereinafter referred to as "the agreement of this case". (c)

On the same day, the Plaintiff agreed with the Defendant to use the collateral security set up by the Plaintiff as the obligee with respect to the amount of N 6,368 square meters, Seosan-si, Seosan-si, the Defendant owned by the Defendant for the purpose of securing the obligation of loans, and deposited KRW 50,000,000 with the MO account in accordance with the instant agreement.

C with the consent of the defendant, above C

The amount of KRW 50,00,000, which was deposited into M account as stated in the preceding paragraph, was immediately withdrawn from KRW 49,89,940, which was then appropriated as interest on D, M, E, F, G, H, I, J, K, and L. 40,000, which was received as revenue stamps under the instant arrangement, and the remainder of KRW 60,060,000.

was deposited into the account of subsection (1).

E. M filed a lawsuit against the Defendant for the confirmation of the existence of an obligation under this case’s agreement, which was based on the grounds that the Defendant entered into the instant agreement without obtaining lawful representation authority, and this court accepted M’s assertion on December 17, 2013, and rejected the Plaintiff’s assertion as to representation and unauthorized representation under Article 126 of the Civil Act, and rejected the Plaintiff’s assertion as to the representation and unauthorized representation under Article 126 of the Civil Act, thereby rendering a judgment that “it is confirmed that there is no liability for the secured loan amounting to KRW 50 million against the Defendant on December 31, 2008, and interest thereon.”

참조조문