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(영문) 대구지방법원 2016.04.26 2015가단21445
대여금
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Details of each certificate of borrowing;

A. On January 15, 2009, the loan certificate of KRW 50,000 (No. 1-1, hereinafter “the first loan certificate of this case”) D (the name E) borrowed KRW 50,000 from the Plaintiff on January 15, 2009, and issued to the Plaintiff the following certificate of borrowing.

- Loans: 50 million won - Deadline for payment: January 15, 2009 ( July 15, 2009) - Interest: 15th day of each month - The borrower shall be paid - The guarantor E: the Defendants.

B. On June 22, 2011, KRW 10,000 (No. 1-2, hereinafter “the second certificate”) D borrowed KRW 10,000 from the Plaintiff on June 22, 201, and issued the Plaintiff the following certificates of borrowing.

- Loans: 10 million won - Interest on June 22, 2011 ( July 15, 2009) - Interest on 1% per month, 22th day of each month - The borrower: D- The guarantor: Defendant C has no dispute over the ground for recognition, each entry in Gap evidence 1 and 2, and the response of this court's order to submit financial transaction information to Daegu Bank, the purport of the entire pleadings as a result of the reply of this court's order to submit financial transaction information.

2. The parties' assertion

A. The Plaintiff’s assertion 1) Joint and Several sureties asserted that the Defendants jointly and severally guaranteed the obligation of KRW 50,000 as to the loan amount of KRW 5,00,00 according to the first loan certificate of this case, and Defendant C jointly and severally guaranteed the obligation of KRW 10,00,000 as to the loan amount of KRW 1,00,000 according to the second loan certificate of this case. 2) The Plaintiff, who asserted as an expression agent or an unauthorized agent, received each of the loans of this case from Defendant D. If the Defendants did not directly sign and affix their seals on each of the instant loan certificates and

The defendant B, as the husband of D, had D keep the seal imprint, and had D carry out real estate and money transactions.

Therefore, even if D did not have the authority to act on behalf of Defendant B at the time of the preparation of each of the instant loans, the expression representation by the display of the power of representation, the expression representation beyond the authority or the lapse of the power of representation.

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