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1. The Defendant’s KRW 150,000,000 as well as 30% per annum from October 1, 2013 to April 30, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. 1) The Defendant is an incorporated association established and operated on August 12, 1998, with the main business purpose of the consignment operation and medical services of welfare facilities, and has been operating the E-C convalescent hospital located in Macheon City as one of its workplace. 2) C was a person who was appointed as a director of the Defendant corporation on March 12, 2013 and was in the position of the chairman from the Defendant corporation.
B. On January 29, 2013, on which F had exercised its power of representation as the president, the Defendant Corporation: (a) prepared and issued to C a power of delegation stating that “all delegations to Evalescent Hospital” was a corporate seal impression; (b) on April 1, 2013, the Plaintiff was issued a certificate of borrowing KRW 150,00,000 upon the request of C that the operating expenses of Evalescent Hospital should be incurred; and (c) paid to the Plaintiff KRW 150,000,000 upon receipt of the said certificate of borrowing as follows.
◇ 차용금 : 150,000,000원 ◇ 변제기 : 2015. 4. 1. ◇ 이자율 : 월 3부 ◇ 차용인 : 사 B 의료분과위원장 C
C. The Plaintiff, who partially repaid interest, was from April 30, 2013 to the same year.
9. Until June 1, 200, the sum total of KRW 4,500,000 each five times by five times has been paid as interest.
2) The interest paid over five occasions, as described in the preceding paragraph, was deposited in the name of the Defendant Corporation twice and once in the name of the Evalescent. [The fact that there is no dispute over the grounds for recognition, Gap evidence Nos. 1 and 2, Gap evidence No. 3-1 and 2, and the purport of the whole pleadings.]
2. Determination as to the allegations by the parties and the cause of the claim
A. 1 Plaintiff 1: (a) the Defendant delivered the power of attorney to C along with a corporation’s certificate of seal impression; (b) thus granting the right of representation for the loan of the instant money to C; and (c) the act of borrowing the instant money constitutes an expression representation beyond the authority; and (d) the Plaintiff believed that it has such authority.