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(영문) 광주지방법원 2016.07.08 2015나54550
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On March 28, 2014, the Plaintiff and the Defendant, under the name of the Plaintiff and the Defendant, set loans to the Defendant by 5.9% with interest of KRW 25,500,000 and interest of KRW 24% for delay damages, and the Defendant repaid the principal and interest in installments over the period from May 10, 2014 to 36 months, and, if payment of installments is not made on two or more occasions, the loan was made by preparing a new application for installment payments and a new agreement for installment payments that lose the benefit of time.

B. Under the foregoing new installment agreement, KRW 3,278,226, total of principal and KRW 646,62 had been repaid from May 10, 2014 to November 24, 2014. As of January 7, 2015, the principal amount was 22,221,74, interest 409,437, interest 409,437, interest 648,785, total of KRW 23,279,996 has not been paid.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff’s assertion (1) The Defendant directly concluded a new installment agreement with the Plaintiff, or concluded the said agreement on behalf of the Defendant by granting the right of representation to B, and (2) even if the Defendant did not grant the right of representation to B, the instant agreement was concluded by using the Defendant’s resident registration, certificate of personal seal impression, and copy of the driver’s license, and thus, the legal principles of apparent representation beyond his authority (Article 126 of the Civil Act) apply mutatis mutandis to the Defendant, and is liable to the Defendant pursuant to the said agreement, and even if B entered into the said agreement without the right of representation, the Defendant ratified the said agreement by paying the installments under the said agreement

B. The defendant's assertion that B will gift a new difference, and that B obtained a certificate of seal imprint as it requires a seal imprint to transfer the name of the vehicle, and B signed a contract with the plaintiff by forging a new application for a new discount and a new discount agreement in the name of the defendant.

3. Determination

(a) evidence Nos. 5 through 7, 10-1, 2, 11, and 4-1.

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