(영문) 대구지방법원 2015.05.27 2014나303349

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(영문) 대구지방법원 2015.05.27 2014나303349

대여금

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1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On April 19, 2013, the Plaintiff entered into a loan agreement with the Defendant (hereinafter “instant loan agreement”) with the Defendant, setting the loan principal of KRW 28,00,000, the loan period of KRW 36 months, and the interest rate of KRW 26.4% per annum (29% per annum when the benefit of time is lost).

B. At the time of the instant loan agreement, the Plaintiff submitted a certificate of personal seal impression, resident registration certificate, copy of resident registration certificate, copy of passbook, etc. issued by the Defendant himself/herself, along with the application for the loan under the name of the Defendant (Evidence A). The above certificate of personal seal impression and the resident registration certificate were in blank.

C. Meanwhile, on November 20, 2013, the debt of the instant loan exceeded 3,210,428 won (1/10 of the total sum of the principal and interest) and interest accrued in arrears.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 7, purport of the whole pleadings

2. Summary of the parties' arguments

A. The Plaintiff’s assertion ① The instant loan contract was directly concluded by the Defendant in light of the developments leading up to the conclusion of the instant loan contract. ② Even if the Defendant did not directly conclude the instant loan contract, the Defendant granted a third party’s basic right of representation, and the Plaintiff believed that the third party had the right of representation as to the instant loan, and there were reasonable grounds to believe as such, and thus, the Defendant is legally liable under the instant loan contract in accordance with the apparent representation legal doctrine. ③ Even if the instant loan contract was an act of unauthorized representation, the Defendant ratified the act of unauthorized Representation by depositing money in the name of the Defendant to the Plaintiff after becoming aware of the conclusion of the instant loan contract, and thereby, the Defendant was obligated to pay the Plaintiff damages for delay as to KRW 28,839,210 and KRW 26,406,122.

B. The defendant alleged in this case directly concluded the loan contract with the plaintiff.

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