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(영문) 서울북부지방법원 2018.07.17 2017가단9067

대여금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The plaintiff's assertion

A. The Plaintiff asserted for a loan (main cause of claim) borrowed KRW 38,00,000 to the Defendant on the ground that, at any time when the Defendant lent KRW 10,00,000 on March 23, 2015 to 2% per month, he/she would immediately repay the loan at any time when he/she talks at one month. On March 31, 2015, the Plaintiff borrowed KRW 100,000 to the Defendant on the ground that he/she would enter into a lease deposit contract for the Plaintiff with an intention to enter into a lease deposit of KRW 100,000 for the Plaintiff, and the Defendant did not pay the loan despite the Plaintiff’s demand. Therefore, the Defendant sought payment of KRW 48,00,000 as above.

B. C’s agent’s liability for payment (the primary cause of claim) (i) even if the person who either prepared the loan certificate or paid interest is not the Defendant, but the Defendant’s mother C, C is liable for payment on behalf of the Defendant since it has a comprehensive power of attorney regarding the management of funds, such as fund transfer of the said brokerage office, while substantially operating the Defendant and D Licensed Real Estate Agent Office, and C is liable for borrowing KRW 48,00,000 on behalf of the Defendant, and if not, there

Even if the plaintiff was believed to have such power of representation as the plaintiff, and there were reasonable grounds for reliance on such belief, the defendant bears the responsibility for payment based on the representation of expression under Article 126 of the Civil Code.

Shebly, even if C does not have the right of representation for borrowing money, and the expression agency under Article 126 of the Civil Act is not recognized, the Defendant entered into a monthly tax contract with C on July 13, 2015, under the name of the Plaintiff, and paid the down payment and the late payment, and confirmed C’s non-authorized representative act explicitly. Thus, the Defendant is liable for payment based thereon.

C. The liability for damages arising from the employer’s liability (the secondary cause of claim), even if the person who either collected the loan certificate or paid the interest is not the defendant but the defendant’s mother C, C shall be the defendant.

참조조문