대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
On January 24, 2018, the Plaintiff deposited KRW 30 million on January 29, 2018, KRW 30 million on January 29, 2018, KRW 30 million on January 30, 2018, KRW 460 million on February 5, 2018, into the Defendant’s account.
E Real estate construction work case
1. D as the above case of the Corporation shall borrow from the Plaintiff KRW 4660,000 from the Plaintiff.
2. The interest on the amount borrowed under paragraph 1 shall be 0.4% per month, and the beginning date of interest shall be February 1, 2018.
3. The repayment of the above principal and interest of the loan shall be determined from April 2018 to July 2018.
4. One joint and several sureties shall be the E real estate C representative; and
On February 7, 2018, the Plaintiff received a loan certificate with the following contents (hereinafter “the loan certificate of this case”) from C, the Defendant’s husband, along with the Defendant’s certificate of personal seal impression. The loan certificate of this case bears the Defendant’s seal impression (which differs from the Defendant’s name’s seal impression) on the side of the name “D (which appears to be a clerical error in the name of the Defendant).”
On March 28, 2018, the Plaintiff additionally deposited KRW 20 million with the Defendant’s account.
On the other hand, on January 31, 2018, F prepared a sales contract with the content that the Defendant sells the sale price of KRW 575 million to the G, Gyeongnam-gun, and four other parcels in the Republic of Korea.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, and 11 (including virtual numbers; hereinafter the same shall apply) and the plaintiff's assertion of the purport of the whole pleadings are liable to pay to the plaintiff KRW 486 million and delay damages for the following reasons.
The Plaintiff loaned total of KRW 486 million (hereinafter “instant money”) to the Defendant for the purpose of the construction project of electric source houses on the land outside the Gyeong-gun, Gyeong-gun, Gyeongnam-gun, and four lots of land (hereinafter “instant project”).
Even if the Defendant did not directly borrow money from the Plaintiff, the Defendant granted C comprehensive power of representation by allowing C to use the Defendant’s certificate of personal seal impression and account, and C borrowed the instant money on behalf of the Defendant.