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(영문) 서울남부지방법원 2020.05.08 2019가단219674
대여금
Text

1. The plaintiff's primary claim against the defendant B is dismissed.

2. Defendant B shall pay to the Plaintiff KRW 115,00,000 and this shall apply.

Reasons

1. The primary claim against Defendant B and the claim against Defendant C

A. The Plaintiff asserted that the Plaintiff transferred KRW 115,00,000 to the bank account of the Defendant B or his wife over 11 once between April 29, 2014 and March 31, 2017, as shown in the attached list, upon receiving Defendant B’s request for monetary rent.

On February 27, 2018, the Defendants paid to the Plaintiff KRW 60,000,000,000, out of the loan amount of KRW 115,000,000, up to June 30, 2018, up to December 31, 2018; however, Defendant C as the obligor, and Defendant B as the surety, prepared the same loan certificate (Evidence 1) with the same content as Defendant C’s signature on the loan certificate.

Defendant B’s act of representation is also an expression agent beyond the authority prescribed in Article 126 of the Civil Act, which has the basic right of representation between husband and wife as the right of representation.

Therefore, Defendant C is the borrower, and Defendant B is jointly liable to pay the Plaintiff KRW 115,00,000 to the Plaintiff as the guarantor.

B. First of all, there is no evidence to acknowledge the authenticity of Defendant C’s evidence as to whether Defendant C borrowed money from the Plaintiff or agreed to repay the borrowed money to the Plaintiff, and as to Defendant C’s portion, there is no evidence to acknowledge the authenticity of the said evidence. The fact that the Defendants were married and the borrowed money or its interest was remitted to each of the Defendants’ respective bank accounts or each of the bank accounts is insufficient to acknowledge the above facts of the borrowed money or the repayment agreement. There is no

Furthermore, even in regard to the statement of expression agency, it is difficult to view that there is a reasonable ground to believe that Defendant B had the right to borrow money or to agree to repay the money borrowed from the Plaintiff on behalf of the Plaintiff to the Plaintiff on behalf of the Plaintiff, solely on the ground that the Defendants was the couple and the interest was remitted to each of the Defendants’ respective bank accounts or from each of the bank accounts. Defendant C lives together with Defendant B.

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