대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On November 12, 2012, upon the Defendant’s request made by the Plaintiff, the Plaintiff: (a) the Plaintiff borrowed KRW 100,000,00 from the Plaintiff on or around August 2013; and (b) the Defendant and C’s loan certificates (hereinafter “the instant loan certificates”) issued from C to the effect that “C guaranteed the loan certificates; and (c) the money was remitted from the Defendant and C to the Defendant’s deposit account in the name of the Defendant on November 12, 2012; (d) the amount of KRW 50,00,000 on January 10, 2013; and (e) the amount of KRW 15,00,000 on December 24, 2014; and (e) the sum of KRW 10,000,000 on March 9, 2015; and (e) the amount of KRW 80,000 (hereinafter “instant amount”).
[Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 3-1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion
A. The primary argument is that the Plaintiff received the instant loan certificate and lent a total of KRW 85,00,000 to the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 85,000,000 and damages for delay.
B. Preliminary assertion 1) Even if Liber arbitrarily prepared and delivered the instant loan certificate using the seal of the Defendant he had the basic right to use the Defendant’s seal, and the Plaintiff believed that C has the right to borrow money on behalf of the Defendant and lent it to the Defendant, so the Defendant is liable for expressive representation under Article 126 of the Civil Act. Therefore, if the Defendant is not liable to pay the Plaintiff the above loan amounting to KRW 85,00,000,000 and the delay damages therefor, the Defendant is liable to pay the Plaintiff the above loan amounting to KRW 85,00,000,000 without any legal cause, and the Plaintiff acquired the profit equivalent to the above loan amounting to KRW 85,00 and suffered damages equivalent to the above amount. Thus, the Defendant is liable to pay the Plaintiff with unjust enrichment.
3. Determination
A. The name and seal affixed to the document of judgment on the primary argument.