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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion and judgment
A. The Plaintiff’s assertion that the Defendant concluded a mining search lease contract with the Plaintiff and concluded between June 30, 2013 and September 6, 2013, and leased the digging season at the construction site located in Haan-gun, Haan-gun, Haan-gun, Haan-gun, and had not received the rent of KRW 15,628,00,00, and applied for a payment order against the Plaintiff and D. As for the payment order on June 2, 2014, the Defendant received a payment order (hereinafter “instant payment order”) with the purport that “the Plaintiff and D jointly and severally pay the Defendant the amount of KRW 15,628,00 and KRW 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment” (hereinafter “instant payment order”).
However, the facts are that D leased the above mining ground from the defendant at the construction site, and the plaintiff is not a party to the lease contract, and there is no obligation to pay the rent to the defendant.
Therefore, compulsory execution based on the payment order of this case should not be permitted.
B. The Defendant asserted that the Defendant concluded a lease agreement with D representing the Plaintiff.
Even if D did not grant the right of representation from the Plaintiff, the expression agency is established, and the contract becomes effective against the Plaintiff.
In addition, the plaintiff is responsible for the nominal lender under Article 24 of the Commercial Code because he/she lends his/her name to D.
C. (1) The Defendant’s assertion that D lawfully concluded a lease agreement as the Plaintiff’s agent is insufficient to acknowledge the fact that D is the Plaintiff’s party to the lease agreement by entering into the lease agreement with the Defendant, and the evidence submitted by the Defendant alone is insufficient to acknowledge the fact that D grants the Plaintiff the right to representation regarding the conclusion of the lease agreement to D, and there is no other evidence to acknowledge it.
D Whether the name lender is liable or not is a civil construction work in the construction site located outside 1 parcel of land, Hanam-gun, Gyeongnam-gun.