1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C is the defendant's wife, and D is the defendant's spouse.

B. Upon C’s request, the Plaintiff wired money to E’s account from July 24, 2007 to August 7, 2012.

C. C issued to the Plaintiff a loan certificate stating the name of the Defendant and the seal imprint affixed thereto KRW 150,00,000, and the due date for repayment as of May 30, 201.

On November 16, 2010, D, the Defendant’s wife, was issued five copies of the Defendant’s certificate of personal seal impression (use: general use) on behalf of the Defendants to the Fdong Office in Seongbuk-gu, Sungnam-si.

The defendant's certificate of the personal seal impression submitted by the plaintiff is issued by the head of Dong in Sung-gu, Sungnam-si on November 16, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, fact inquiry results of the Franchising of this court's Franchising, purport of whole pleadings

2. Assertion and determination

A. The parties' assertion 1) The defendant is obligated to repay since it borrowed KRW 150,000,000 from the plaintiff.

B) Even if it is not recognized that the Defendant directly borrowed money, the Plaintiff believed that C had the right to borrow money in the name of the Defendant on behalf of the Defendant because C had the loan certificate, certificate of personal seal impression, identification card, and certificate of employment with the Defendant’s seal imprint affixed thereto, and there is a justifiable reason to believe that C has the right to borrow money on behalf of the Defendant. Therefore, the Defendant is liable to repay the above loan pursuant to the express representation provision under Article 126 of the Civil Act. (B) there is no fact that the Defendant borrowed money from the Plaintiff. (b) The Defendant owned the money in Busan, thereby granting C the right of representation regarding the conclusion, etc. of the lease contract, and issued the Defendant

However, it is not possible to grant C the right to borrow money from others.

In addition to the confirmation of documents at the time of the instant lending, the Plaintiff should have confirmed the borrowing of documents to the Defendant, as long as it did not confirm it.