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1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff borrowed the Plaintiff’s business operator’s name to engage in the used car transaction business, and issued the Plaintiff’s certificate of personal seal impression, resident registration abstract, etc., and the network B concluded a credit transaction agreement with the Defendant on February 17, 2012 (hereinafter “instant loan agreement”) with the Plaintiff under the name of the Plaintiff, by excluding the Plaintiff’s seal impression, and obtained a loan of KRW 50,00,000 in the name of the Plaintiff, and entered into an extension agreement for a period of more than two occasions. The Plaintiff did not intend to obtain the Plaintiff’s intent and did not bear any obligation under the credit transaction agreement (the instant loan agreement) concluded on February 17, 2012.
B. The defendant's assertion that the loan contract of this case was concluded by the plaintiff and confirmed his identity after receiving all necessary documents regarding the loan, such as the loan application form, business registration certificate, identification card copy, resident registration certificate, and tax payment certificate at the time of entering into the loan contract of this case. Thus, the loan contract of this case
Even if the Plaintiff delivered all the documents necessary for the loan under the name of the Plaintiff to the deceased B to enter into the instant loan contract, and the instant loan was executed through the passbook in the name of the Plaintiff, and the Defendant was bound to be mistaken for the Plaintiff as the party to the instant loan contract. Therefore, the Plaintiff is liable for the nominal lender under Article 24 of the Commercial Act, or for the expressive representation under Article 126 of the Civil Act.
Therefore, the Plaintiff bears the obligation under the instant loan agreement.
2. Determination
A. The Plaintiff directly concluded the instant loan contract and the seal affixed to the loan application form for the instant loan contract and the credit transaction application form is not the Plaintiff himself/herself. In full view of the overall purport of the pleadings, the Plaintiff’s seal impression affixed to the Plaintiff and the Plaintiff’s seal affixed to the Plaintiff’s loan contract and the loan transaction application form for the instant loan transaction.