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(영문) 인천지방법원 부천지원 2018.04.26 2016가단116390
대여금
Text

1. Defendant C shall pay to the Plaintiff KRW 164,30,000 and the interest rate of KRW 15% per annum from April 20, 2017 to the date of full payment.

Reasons

1. Facts of recognition;

A. From November 3, 2010 to September 15, 2011, Defendant B was a representative director of the company D, and Defendant C was a representative director of the said company after September 15, 201.

B. The Plaintiff transferred money from around 2010 to D’s account, etc.

C. On November 9, 2010, Defendant B prepared and delivered to the Plaintiff two copies of the loan certificate stating “The Loan Fee of KRW 20,000,00,000, D, joint and several surety C, joint and several surety C, and C, joint and several surety B,” and “The Loan Fee of KRW 100,000,000, joint and several surety C, joint and several surety C, joint and several surety B,” and on March 19, 201, Defendant B prepared and issued two copies of the loan certificate stating “The Loan Fee of KRW 15,00,000,000, the debtor C, joint and several surety C, and joint and several surety D,” and on August 6, 2012, Defendant B prepared and issued two copies of the loan certificate stating “The Loan Fee of KRW 20,000,000,000, the debtor, and joint and several surety B”.

(hereinafter referred to as "the above loan certificate of this case" d.

Each of the loan certificates of this case stated that Defendant C signed and sealed Defendant B as the agent of Defendant B.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 8, Eul evidence No. 1 and the purport of the whole argument No. 1

2. Determination as to the claim against the defendant B

A. The Plaintiff’s assertion: (a) the Plaintiff agreed to pay KRW 164,30,00 in total the amount stated in each of the instant loan certificates by granting the power of representation to Defendant B and allowing it to prepare each of the instant loan certificates; and (b) even if Defendant B does not have to act on behalf of the Plaintiff, the Plaintiff’s agent granted the right of representation by means of impairing the seals, etc. to Defendant B; and (c) accordingly, Article 125 of the Civil Act stated that the Plaintiff’s agent is liable for the expression agent under Article 126 of the Civil Act, since the Plaintiff indicated in the preparatory document dated 17, 2017 that he/she conferred the power of representation to Defendant C; (d) in light of the content thereof, he/she shall be held liable for the expression

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