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(영문) 부산지방법원 2016.09.23 2016나41422
대여금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On May 27, 2014, the Defendant: (a) drafted an application for the loan of Hyundai Capital; (b) issued the said application to B along with a driver’s license and passbook copy, resident registration copy, and a certificate of seal impression; and (c) requested the Plaintiff to borrow a loan equivalent to KRW 15,000,000 from the Plaintiff.

B. Around May 28, 2014, B entered into a loan agreement between the Plaintiff and the Plaintiff on behalf of the Defendant with a loan of KRW 15,00,000,000, duration of 36 months, interest rate of 22.9% per annum, and 29% per annum.

(hereinafter referred to as "the loan contract of this case").

The Defendant did not repay the principal and interest of the loan to the Plaintiff regarding the instant loan agreement, thereby losing the benefit due to November 25, 2014, and on the basis of that day, the amount to be repaid under the name of the Defendant is KRW 15,562,235, including the remaining principal and interest KRW 14,408,914.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7, 11 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The parties' assertion

A. The Defendant granted the Plaintiff B a legitimate right of representation to conclude the instant loan agreement.

As alleged by the Defendant, even if the power of representation has ceased to exist because the Defendant revoked the application for the instant loan contract to B, the Defendant shall be held liable for the expressive representation against the bona fide Plaintiff under Article 129 of the Civil Act.

In addition, the defendant ratified the act of unauthorized Representation B.

B. Defendant 1) The Defendant: (a) prepared an application for a loan contract for documents necessary for the loan and used cars loan contract to B; (b) however, it was unnecessary to grant the loan after the loan; and (c) did not verify whether the Plaintiff was the Defendant; (b) did not specify the date in the application for the loan contract; and (c) deposited the loan to a third party C company other than the Defendant’s deposit account.

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