1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 18, 2010, the loan certificate in the annexed sheet stating that the Plaintiff, the borrower, the Defendant’s agent, the Defendant’s husband, C, the Defendant’s husband, the amount of loan KRW 70 million, the interest rate of KRW 2% per month, and the date of repayment as of July 19, 2010 (hereinafter “the loan certificate in this case”).

B. As of June 18, 2010, regarding D Apartment 106, 207 (hereinafter “D apartment”), which was owned by the Defendant, the establishment registration of a neighboring mortgage was completed with the obligee, the debtor, the Defendant, and the maximum debt amount of KRW 50 million. On September 23, 2011, the said establishment registration was revoked due to the termination of the mortgage contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, the purport of the whole pleadings

2. The assertion and judgment

A. On June 18, 2010, the Plaintiff asserted that: (a) through the Defendant’s husband C, who received the power of representation from the Defendant, drafted the instant loan certificate and lent KRW 70,000 to the Defendant; (b) on September 23, 2011, the Defendant repaid to the Plaintiff KRW 60,000,000, which is a part of the principal and interest of the loan; (c) from June 19, 2010 to September 23, 2011, the said amount of KRW 21,264,658, the principal and interest of KRW 38,735,342 were successively appropriated for KRW 21,264,65, and the principal and interest of KRW 38,735,342 as of September 23, 2011.

Even if the defendant did not grant C the right of loan.

Even if there is a right of representation in accordance with Article 126 of the Civil Code to believe that C had a right of representation for the Plaintiff, and therefore, there is a reason to believe that C had a right of representation for the Plaintiff. Furthermore, the Defendant ratified C’s act of unauthorized Representation in the course of repaying the principal and interest of the loan to the Plaintiff amounting to KRW 60 million.

Therefore, the defendant is obligated to pay to the plaintiff 31,264,658 won and damages for delay calculated by 2% per month from September 24, 2011 to the day of full payment.

B. (1) The Plaintiff is affiliated with C, either directly or by the Defendant, who is authorized to borrow from the Defendant.