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1. The Defendant’s KRW 240,000,000 as well as the Plaintiff’s annual rate of 5% from March 28, 2018 to July 3, 2018.
Reasons
1. Basic facts
A. On March 26, 2017, the Defendant’s spouse C prepared and awarded to the Plaintiff a loan certificate stating that the Defendant, a joint guarantor, and a joint guarantor C are as follows (hereinafter “the instant loan certificate”).
Japan: 200,000,000 shall borrow the above amounts and agree as follows:
The borrowed amount shall be deposited into the defendant account of the Bank E.
The due date: Interest on March 27, 2018: 40,000,000 won: The interest and the principal shall be paid in lump sum as agreed on the date of performance.
B. On March 27, 2017, the Plaintiff transferred KRW 200 million to the said bank account under the name of the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings
2. Determination
A. 1) The Plaintiff’s assertion 1) The Defendant, who is the Defendant’s spouse, conferred the right of representation to prepare the instant loan certificate and to borrow money from the Plaintiff. Even if C voluntarily prepares the instant loan certificate without obtaining the right of representation from the Defendant, C has the right of representation as the Defendant’s spouse, and as there are justifiable grounds to believe that C has the right of representation, and the Defendant has granted C the right of representation. 2) The Defendant’s assertion does not grant C the right of representation to borrow money from the Plaintiff through the preparation of the instant loan certificate.
C Even though it is the Defendant’s spouse’s right of representation on a daily basis, there is no objective circumstance to justify C’s belief that the Plaintiff had the above right of representation, and therefore, it does not constitute an expression agent under Article 126 of the Civil Act.
B. The following circumstances acknowledged based on Gap evidence Nos. 1, 2, and 6 and the purport of witness D’s testimony and pleading as a whole, namely, the loan certificate of this case: (i) C entered the name and personal information of the defendant in the absence of the defendant and affixed the seal of the defendant.