The defendant shall pay to the plaintiff 120,000,000 won with 12% per annum from August 20, 2019 to the day of complete payment.

Basic Facts

The Plaintiff, at the request of C, a general president of C, remitted each of the Defendant’s accounts, KRW 100 million on August 14, 2019, and KRW 50 million on August 16, 2018.

(2) On November 8, 2018, C prepared a loan certificate stating that “The Plaintiff will repay the rent of KRW 150 million up to November 30, 2018 to the Plaintiff,” and that “the Plaintiff will repay the rent of KRW 150 million up to November 30, 2018.”

(hereinafter “instant loan certificate”). C repaid to the Plaintiff the amount of KRW 20 million on January 15, 2019, and KRW 10 million on May 10, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 4, the purport of the whole pleadings, and the purport of the plaintiff's argument as to the judgment, the plaintiff asserted liability under a loan for consumption under the premise that C has the authority to represent the defendant as the main cause of the claim, and argued as a preliminary cause of the claim, the defendant's contractual liability or employer's liability under the representative director'

However, it is difficult to see that both claims concerning the primary cause of claim and the apparent representative director's liability are contractual claims and are related to the primary and conjunctive claims.

The Plaintiff leased the instant money to the Defendant upon receiving a request from C, a general president of the Defendant, to lend company funds.

Therefore, the Defendant is liable to return the remainder of KRW 120 million to the Plaintiff as the lender who borrowed the instant money.

Even if C does not borrow the instant money on behalf of the Defendant, C used the name of the general president of the Defendant, and as the Plaintiff believed, C had the power of representation of the Defendant with respect to C, and C transferred KRW 150 million to the Defendant’s corporate account upon request by the Defendant to request that the funds be necessary and lent the money, so the Defendant is responsible for returning the said KRW 120 million to the Defendant’s corporate account in accordance with the Commercial Act (Article 395 of the Commercial Act).