beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion entered into an investment agreement with the Defendant on September 15, 2017, and paid KRW 130,000,000 to the Defendant in accordance with the said investment agreement. Since the investment period stipulated in the said investment agreement has expired, the Defendant is obligated to return the investment amount of KRW 130,00,000 to the Plaintiff.
Even if the defendant is not a party to the investment agreement, the defendant shall be liable for the name lender pursuant to Article 24 of the Commercial Act.
B. The defendant's assertion that there is no investment agreement with the plaintiff, and the plaintiff should be deemed to have invested in the non-party C.
The defendant does not lend the name of the business owner to C, and there is no causal relationship between the plaintiff's misunderstanding the defendant as the name of the name of the business owner and the occurrence of damage, and the plaintiff's gross negligence, so the defendant does not bear the responsibility
2. Determination
A. First, we examine whether the defendant is a party to the investment agreement.
1) In order to support the fact that the Plaintiff entered into an investment agreement with the Defendant, the Plaintiff is a written investment agreement (Evidence A 1; hereinafter “instant investment agreement”) made with the Defendant.
In light of the following circumstances, it is insufficient to acknowledge the authenticity of the instant investment agreement, and there is no other evidence to acknowledge it, and thus, it cannot be used as evidence, inasmuch as there is no other evidence to acknowledge it.
① The instant investment agreement contains the Defendant’s name to the effect that it is the representative B of the owner of the building in Busan-gun D, and the Defendant’s name is affixed a seal of “D representative” on the name side. D is merely the trade name that has completed the individual business registration, and business registration does not have any procedure to register the representative’s seal impression, etc. unlike the legal entity. Therefore, whether the above seal is the Defendant’s seal, or the Defendant’s consent.