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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Around July 30, 2014, the Plaintiffs were drafted with a cash custody certificate (hereinafter “instant cash custody certificate”) containing the purport that “The Chairperson D and E borrow KRW 20,000,000 from the Plaintiffs on July 30, 2014.”
B. At that time, D used the name of the defendant's president, and E used the name of the defendant's vice president.
C. The Plaintiffs were transferred to the accounts designated by D and E as follows:
1) The details of remittance of Plaintiff A: A total of KRW 11,00,000 (1) 5,000,000,000 with an account under the name of E on July 30, 2014; ② KRW 2,00,000 with an account under the name of E on August 22, 2014; ③ KRW 4,000,000 with an account under the name of E on August 29, 2014; KRW 13,000,000 with an account under the name of E on August 4, 2014; and KRW 6,00,000 with an account under the name of E on August 4, 2014; KRW 4,000 with an account under the name of E on August 4, 2014; KRW 00,000 with a d account under the name of E on November 14, 2014;
D. From November 1, 2013 to April 15, 2015, F, G, and H were registered as an in-house director on the Defendant’s corporate registry, and on April 16, 2015, I was registered as the representative director.
[Ground of recognition] Each entry of Gap evidence Nos. 1, 4, 5, and 6 (including paper numbers), and the purport of the whole pleading
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The Defendant permitted D and E to act as a representative of the Defendant using the Defendant’s president and vice president. The Plaintiffs believed that D and E have the right to represent the Defendant and lent KRW 11,00,000 to the Defendant, D and E, and the Plaintiff B lent KRW 13,00,000 to the Defendant, D and E. The Defendant bears the responsibility for the act of borrowing loans under Article 395 of the Commercial Act. Accordingly, the Defendant is obliged to pay the Plaintiff KRW 11,00,000, KRW 13,000,000 to the Plaintiff, and delay damages therefrom. 2) The Defendant’s assertion did not permit D and E to use the Defendant’s president, vice president, or the Defendant’s seal. Therefore, the Defendant is not liable for the act of borrowing loans under Article 395 of the Commercial Act.