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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The Plaintiff’s assertion may claim against the Defendant the payment of KRW 85,505,751 with respect to the principal and interest of the loan and the delayed payment damages as follows.
First, the Plaintiff: (a) determined on February 13, 2007 as interest rate of KRW 2.5% per month; (b) determined on February 23, 2007 as interest rate of KRW 20,000,000 on February 23, 2007 as interest rate of KRW 10,000,000 on the same day as interest rate of KRW 2% per month; (c) lent KRW 70,000,000 on April 27, 201 as interest rate of KRW 20,000 on the same day; and (d) lent KRW 70,000,000 on April 27, 201 as interest rate of KRW 18,00,000 on May 16, 201 as well as KRW 32,00 on July 23, 2013 as interest rate of KRW 10.
Second, even if the defendant did not have the authority to borrow operating funds on behalf of the defendant on behalf of the defendant, in light of the fact that C et al. grants the fundamental power of attorney to C et al., who is a director of the corporation and the corporate passbook at all times, and C et al. directly manages the corporate savings ledger and the corporate passbook and manage all the affairs of the defendant, it shall be deemed that there was a justifiable reason for the plaintiff to believe that C et al. has the authority to borrow operating funds on behalf of the defendant. Therefore, the defendant is responsible
Third, on January 6, 2011, the defendant E prepared and delivered to the plaintiff a letter of payment stating that the above loans amounting to KRW 70,000,000 shall be repaid in installments, and on April 27, 2011, according to the above letter of payment, the amount of KRW 18,00,000,000 on May 16, 201, and the amount of KRW 32,00,000,000 on July 23, 2013, and the defendant ratified the above loans amounting to KRW 32,00,000 on July 23, 201.
Fourth, if the defendant did not ratification the lending act of unauthorized Agent C, etc., the above lending from the plaintiff was used as the defendant's operating capital, and C, etc. has the above lending principal and interest claim against the defendant.