beta
Text
1. Revocation of the first instance judgment.
2. As to the Plaintiff’s KRW 35,00,000 and KRW 30,000 among them, the Defendant shall on January 1, 2017.
Reasons
1. Basic facts
A. On March 12, 2014, the Plaintiff: (a) lent KRW 30 million to C Co., Ltd. on October 12, 2015; and (b) on April 12, 2015, the interest was set at 1% from April 12, 2015; and (c) D, the representative director of the said company, guaranteed this.
B. On December 14, 2015, the Defendant’s auditor E agreed to pay the Plaintiff the above loan amount of KRW 30 million, the unpaid interest of KRW 1.5 million, the statutory interest of KRW 2 million, and the interest of KRW 500,000 on December 30, 2016.
(A) Nos. 8, 2, 4, and 8 (hereinafter “this case’s loan certificate”). / [Grounds for recognition] of absence of dispute, each entry of Gap 1, 2, 4, and 8, and the purport of the whole pleadings.
2. Determination
A. The plaintiff asserts that the loan certificate of this case was prepared by E, the actual operator of the defendant, and even if E did not have the right to represent the company, E had the position of managing director, who is a name that can be recognized as having such right, even if E did not have the right to represent the company, and the plaintiff constitutes a third party acting in good faith, and the defendant is liable to pay the debt based on the loan certificate
As to this, the defendant, without the authority to represent the defendant, prepared the loan certificate of this case without the authority to represent the defendant, and the plaintiff asserts that the defendant does not bear the above obligation, since he knew that he did not have such authority, and did not ask the representative of the defendant.
According to the statement of evidence Nos. 7-2, the defendant's representative at the time of the preparation of the loan certificate of this case can be acknowledged that he was F, an internal director. The defendant is a company established for chartered bus transportation business, etc. like C, and its head office address is the same as C. The internal director F is a parent of the representative director D, the auditor E is a F's husband and D, and E is a fraud.