A. On April 10, 2014, the Defendant’s mother C: (a) prepared a loan certificate with the amount of KRW 45 million; (b) the due date for repayment; (c) July 8, 2014; and (d) attached the Defendant’s seal impression on the said loan certificate; and (c) issued a collateral security agreement and a certificate of personal seal impression, a copy of the Defendant’s personal identification card; and (d) issued a certified copy and an abridged copy of the Defendant’s personal identification card with the Defendant’s seal impression affixed to the Defendant, in order to secure the said loan obligation.

B. Accordingly, the Plaintiff deposited KRW 45 million into the Defendant’s account.

[Grounds for Recognition: The entries in the evidence of subparagraphs 1 through 6, the purport of the whole pleadings]

2. The parties' assertion

A. The plaintiff's assertion that the defendant granted a comprehensive power of representation to C for money transaction related to real estate under the name of the defendant. Accordingly, C borrowed KRW 45 million from the plaintiff in the name of the defendant on behalf of the defendant. Thus, the defendant is obligated to pay the loan to the plaintiff, and even if the right of representation is not recognized to the family C, the plaintiff is believed to have the right of representation for the loan to C, and therefore, the defendant is obligated to pay the loan to the plaintiff in accordance with the legal principle of expression agency under Article 126

B. The defendant's assertion that the defendant granted C the right to represent the bidding of the auction real estate, and there is no fact that C granted the right to borrow money with the right to represent the auction real estate as collateral, and the act of borrowing C is null and void by an act of unauthorized representation.

Therefore, the defendant is not obligated to repay the borrowed money to the plaintiff.

3. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of Gap evidence 1 to 11-12, and witness E's testimony, i.e., granting C basic power of attorney regarding real estate auction, auction, etc., and accordingly C was delivered by the defendant.