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1. The Defendant shall pay to the Plaintiff KRW 42,00,000 and the interest rate of KRW 15% per annum from February 15, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On April 2014, C had the Defendant lent the Defendant’s name, and around April 2014, C registered his/her business as “E” and operated his/her age club (hereinafter “instant age club”). The Defendant was paid KRW 2 million per month to C in return for lending his/her name.
B. The Plaintiff, at the request of F, the accounting manager of the instant age club, agreed to lend KRW 45 million to the said age club as free of interest, on condition that he/she supplies food materials, and deposited KRW 15 million into an account in the name of the Defendant on June 23, 2014; and on June 25, 2014; and on June 26, 2014, respectively.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2 (including evidence attached with a serial number), Eul's witness's testimony, the purport of the whole pleadings
2. From June 23, 2014 to June 26, 2014, the Plaintiff deposited KRW 45 million in the account under the name of the Defendant, and the Plaintiff and the Defendant entered into a monetary loan contract for consumption of KRW 45 million with respect to the said KRW 45 million.
According to the above acknowledged facts, the defendant allowed C to use his name in relation to the business of the instant age club, and opened a deposit account in the name of the defendant. However, it is insufficient to recognize that the above facts alone are insufficient to recognize that the defendant granted F, who is an employee of the said age club, the right to enter into the said monetary loan contract with the plaintiff on behalf of the defendant, and there is no other evidence to prove otherwise.
Therefore, it cannot be said that a monetary loan contract valid between the plaintiff and the defendant was concluded.
However, the defendant lent his name to C in relation to the operation of the instant Age club, and the plaintiff believed that the defendant was the owner of the said Age club and deposited the amount of KRW 15 million each on June 23, 2014, and June 26, 2014 into the account under the name of the defendant. Thus, the defendant himself.