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1. Of the judgment of the first instance court, the part of the Plaintiff’s failure corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. The Plaintiff asserted by the parties had lent KRW 20 million to the Defendant on May 27, 2013, as the Defendant’s in-house director C, the Defendant’s in-house director.
(hereinafter referred to as “instant loan”), and the Defendant asserts that the said money is not the Defendant but the C individual.
2. Determination
A. As to who is a party to a contract in cases where an actor who enters into a contract of legal doctrine acts in the name of another person, is deemed a party to the contract, first of all, if the actor and the other party agree with each other, the offender or the nominal person shall be determined as the party to the contract according to the same intent. If the other party does not coincide with the other party’s intent, based on the specific circumstances before and after the conclusion of the contract, including the nature, content, purpose, and circumstance of the contract, etc., if a reasonable person exists, the party shall be
(See Supreme Court Decision 94Da4912 delivered on September 29, 1995, and Supreme Court Decision 2000Da3897 delivered on May 29, 2001, etc.) B.
Judgment
In light of the following circumstances, even if a person who led to the loan of this case is not the defendant, it is reasonable to deem that the plaintiff was the defendant at the time of the loan of this case.
① At the time of May 27, 2013, the Plaintiff transferred KRW 20 million to one’s account, so that the name of the Defendant was indicated in the passbook, and the account in receipt of the remittance is a deposit account in the name of the Defendant corporation.
② In addition to the instant loan, the Plaintiff lent money to the deposit account in the name of the Defendant corporation as well as KRW 60 million on February 6, 2013, KRW 10 million on April 10, 2013, and KRW 16.6 million on April 10, 2013 on the date of the instant loan, in addition to the said KRW 20 million, on several occasions, and the Defendant directly lent money.