1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

1. The parties' assertion

A. Plaintiff’s assertion 1) On March 23, 2015, upon the Defendant’s request from the Defendant, the Plaintiff lent KRW 30 million to the Defendant, who operates the Plaintiff’s main points in the name of “B” as a customer of the Plaintiff’s liquor suppliers, on the condition of installment payments for 20 months. As long as the Plaintiff paid a total of KRW 7.5 million up to September 23, 2015, it did not perform the obligation of installment payments, the Plaintiff is liable to pay a loan amounting to the Defendant amounting to KRW 22.5 million (= KRW 30 million - 7.5 million) and damages for delay. 2) Even if the Plaintiff did not have the authority to represent the Defendant, the Defendant is obligated to pay a loan to C in accordance with the aforementioned legal doctrine of expression agency under Article 126 of the Civil Act.

3. Even if the defendant is not liable for the expression agency, the defendant is obligated to pay the above loan to the plaintiff according to the name lending business operator's liability under the Commercial Act because C permits the defendant to conduct business using the name of the defendant.

B. The defendant alleged that he did not borrow money from the plaintiff, and C did money transaction with the plaintiff in the name of the defendant using the defendant's certificate of personal seal impression without permission.

2. Determination

A. According to the evidence No. 3 as to whether the Plaintiff was contractually responsible, the fact that the Plaintiff remitted KRW 30 million to the Defendant’s account on March 23, 2015 is recognized.

However, just because the account that the Plaintiff remitted money is the Defendant’s account, it is insufficient to recognize that the party who borrowed the said money was the Defendant. There is no evidence to support that the Defendant granted C the power of representation to the Plaintiff regarding the monetary transaction.

The plaintiff cannot be held liable to the defendant, and this part of the plaintiff's assertion is without merit.

(b) the responsibility of expression agency and the name holder;