beta
Text
1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 23, 2014, the Plaintiff received an application for a loan from a person called Defendant D, and concluded a loan contract with a loan of KRW 30,00,000 for a lending period of 36 months, annual interest rate of 12.9%, annual interest rate of 24.49% at the time of loss of payment due (hereinafter “instant loan”), and transferred the said loan to the bank account in the name of the Defendant, on the same day, on the same day.
B. The repayment of the instant loan was delayed, and the interest on April 25, 2014 was lost, and the sum of the principal and interest and damages for delay that have been outstanding at that time is KRW 31,019,068.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the result of the order to submit financial data to the president of the Republic of Korea Co., Ltd., the purport of the entire pleadings
2. The parties' assertion and judgment
A. (1) The Plaintiff’s assertion (1) is obligated to pay the principal and interest of loan and damages for delay thereof to the Plaintiff pursuant to the loan agreement in this case. Even if the Defendant’s dynamic B, who is not the Defendant, referred himself to the Defendant and entered into the loan agreement in this case, it is an authorized representation, and even if the right of representation in B is not recognized, the Defendant shall be liable for the said loan agreement by analogy of the liability for expression agency under Article 126 of the Civil Act.
Preliminaryly, since the loan under the loan agreement of this case was deposited into the account in the name of the defendant, the defendant is obligated to return it as unjust enrichment.
(2) The Defendant’s loan of this case was obtained by stealing the Defendant’s name, and the Plaintiff’s claim cannot be complied with.
B. (1) The following facts are acknowledged in full view of whether the instant loan agreement was concluded by the Defendant or his/her agent, and the respective descriptions or videos of the evidence Nos. 1 through 6, No. 1 and 2, and the purport of the entire pleadings.
① At the time of the instant loan agreement, the Plaintiff was prepared.