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(영문) 대전고등법원 2015.02.05 2013나5587
대여금 등
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The amount of KRW 20 million in G (Plaintiff’s wife) KRW 30 million on May 25, 2012, KRW 20 million on June 1, 2012, GF 20 million (Plaintiff’s wife) and KRW 25 million on October 20, 2012, KRW 20 million on May 25, 2012.

A. The Plaintiff remitted the sum of KRW 95 million to B as follows:

B. B, upon receiving the money from the Plaintiff, presented the Defendant’s certificate of the seal impression impression, B’s name entered as the Defendant’s representative director, B’s official document sent by Hyundai Construction Co., Ltd. (hereinafter “H apartment project”) in the name of the Defendant’s representative director, and the letter of intent to participate in construction sent by Hyundai Construction to the Defendant in connection with the said apartment project.

C. On October 20, 2012, B issued to the Plaintiff a “cash car certificate” to the effect that “The Plaintiff borrowed KRW 200 million from the Plaintiff. The principal is repaid on December 30, 2012, and the principal is repaid on May 30, 2013, and the interest is repaid on May 30, 2013.”

The cash loan certificate is the borrower with B and the defendant, and B are the defendant's representative, and B is the signature of B and the seal of the defendant's name.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5 (including branch numbers if there are branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the plaintiff's assertion is that B explicitly or implicitly approves the use of the defendant's representative director's name, or B, despite being aware of the use of the defendant's representative director's name, the defendant left alone without any action or measures.

Therefore, pursuant to Article 395 of the Commercial Act, the defendant is jointly and severally liable with B for the act of borrowing money by a representative of expression.

B. The circumstance acknowledged prior to the judgment is that the defendant uses the name of the defendant's representative director as alleged by the plaintiff.

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