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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The plaintiff's primary assertion is that the plaintiff lent a total of KRW 50 million to the defendants through E on behalf of the defendants, each of which is KRW 150 million. Thus, the defendants are liable to pay the plaintiff the amount of KRW 50 million and the damages for delay.
Preliminaryly, even if E is not an agent of the Defendants, the Defendants delegated the business of establishing a tax accounting corporation to E, and the Defendants borrowed money from the Plaintiff on behalf of the Defendants on behalf of the Defendants with such basic power of representation pursuant to Article 126 of the Civil Act. As such, the Defendants are obligated to return the said borrowed money to the Plaintiff. Furthermore, the Defendants actually used the said borrowed money to establish a tax accounting corporation, and thus, it can be deemed that E ratified the said borrowed money.
B. The Defendants asserted that they delegated the duties to establish tax accounting corporations to E, borrowed 150 million won as capital from E to repay them to E under the pretext of capital, and did not borrow the above money from the Plaintiff.
2. Determination
A. As to whether the Defendants entrusted the authority to conclude a monetary loan contract to E, the Defendants, in full view of the overall purport of the pleadings in the statement in the evidence No. 1, No. 1-2, 3, and No. 1-2, and No. 1-2, as to whether the Defendants entrusted the authority to conclude a monetary loan contract to E, may recognize the fact that, as a certified tax accountant, the Defendants transferred the above total amount of KRW 150 million to E, who was working as the head of the office operated by Defendant C, with the intention to pay KRW 50 million to establish the “tax accounting corporation F” as a certified tax accountant in order to establish the “tax accounting corporation F” (hereinafter “tax accounting corporation F”).
On the other hand, the number of evidence Nos. 2 to 7 is respectively.