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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion and judgment
A. The Plaintiff alleged that the Plaintiff did not agree to, or delegate, the loan to B in the name of the Plaintiff. However, on July 29, 2010, the Plaintiff entered into a real estate loan agreement with the Defendant on a loan limit of KRW 90 million between the Defendant and paid a loan of KRW 70 million to the account opened in the name of the Plaintiff.
In the process, the Defendant did not undergo any verification procedure against the Plaintiff, the “party to loan” under Article 7(2) of the Credit Regulations of the Agricultural Cooperatives Federation.
Therefore, the defendant is liable to compensate for damages equivalent to KRW 70,200,000 that the plaintiff bears to the defendant by concluding a loan contract without verification of identity and paying the loan.
(On the other hand, the Defendant: (a) concluded a loan agreement with the Plaintiff upon delegation of legitimate authority; and (b) Defendant Agricultural Cooperatives’s loan regulations are merely regulating regulations and do not affect the validity of the loan agreement; (c) even if the Plaintiff was not duly authorized, the Plaintiff ratified the act of unauthorized Representation B by preparing and granting a limited transaction additional agreement to the Defendant on August 1, 2016. Furthermore, the Plaintiff knew that the loan was executed under his own name on July 30, 2010 where the instant loan was executed or at the latest on July 30, 2012 by forging the private document; and (d) accordingly, the Plaintiff knew that the loan was executed under his own name on the grounds that the instant lawsuit was filed for more than three years and the extinctive prescription of the damage claim was complete).
Judgment
The plaintiff's assertion is that the defendant is liable for damages equivalent to the amount of the loan borne by the plaintiff because the defendant neglected the procedure for identification and made the loan in the name of the plaintiff although the plaintiff did not delegate any authority to the plaintiff B. Thus, if the plaintiff did not delegate any authority to the non-party B as alleged by the plaintiff, the plaintiff shall be liable for damages in the name of the plaintiff.