(영문) 서울중앙지방법원 2018.10.11 2017가단5241393

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(영문) 서울중앙지방법원 2018.10.11 2017가단5241393

대여금

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1. Defendant B shall pay 100,000,000 won to the Plaintiff and 24% per annum from June 22, 2018 to the full payment.

Reasons

1. Basic facts

A. The deceased D (hereinafter “the deceased”) is the father of Defendant B.

B. Defendant B delivered his certificate of personal seal impression and seal imprint to the Deceased whenever requested by the Deceased who operated the building business.

C. On March 17, 2009, the Deceased borrowed KRW 100,000,000 from the Plaintiff as interest rate of 2% per month, and the Deceased and the Defendant B as the borrower.

At the time, Defendant B, upon the request of the Deceased, delivered to the Deceased a certificate of personal seal impression and a certificate of personal seal impression that he received, and the Deceased entered the above loan certificate as the borrower and affixed his personal seal impression to the Defendant B’s name and affixed his personal seal impression thereto.

(hereinafter) The above loan is “the instant loan” and the above loan certificate is “the instant loan certificate”).

On the other hand, on July 27, 2017, Defendant B entered into a sales contract for the real estate listed in the attached list owned by Defendant C and Defendant B, and completed the registration of ownership transfer in Defendant C on September 27, 2017.

(2) The reasoning of the judgment below in light of the legal principles as seen earlier, and the reasoning of the judgment below is without merit. The ground for the judgment below is with merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

2. Part of the claim against the defendant B

A. According to the above facts, the defendant Eul delivered his certificate of personal seal impression and seal imprint to the deceased whenever requested by the deceased who operated the building business. At the time of the loan of this case, the defendant Eul delivered his certificate of personal seal impression and seal imprint to the deceased, which he directly issued to the deceased, and thus, granted the deceased the right of representation to make a transaction necessary for the operation of the building business in the name of the deceased or to do legal acts such as borrowing funds.

Therefore, Defendant B as a borrower, the Plaintiff KRW 100,000,000.

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