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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 26, 2011, C: (a) as the representative director of the Plaintiff Company, entrusted the Plaintiff with the preparation of the instant authentic deed to the effect that “The Plaintiff, on August 26, 2011, borrowed KRW 150 million from the Defendant on August 26, 201, at the maturity date, KRW 24% per annum, and at the rate of delay damages, KRW 30% per annum, and if the said borrowed loan is not repaid, compulsory execution shall be recognized; and accordingly, the instant authentic deed was drafted.
2. Assertion and determination
A. The Plaintiff’s assertion in this case was made by C, the representative director of the Plaintiff Company, personally borrowed money from the Defendant, thereby making the Defendant prepare in the name of the Plaintiff Company by abusing his/her power of representation, and the Defendant also knew of these circumstances as C’s relative.
Therefore, the notarial deed of this case is null and void, and compulsory execution based on it must be rejected.
B. The representative director of the judgment company's act within the scope of his/her representative authority is valid as a whole even if the representative director abused his/her authority for the purpose of promoting his/her own interest or a third party's interest regardless of the company's profit-making purpose. However, if the other party to the act knew or could have known the representative director's intention, it shall be null and void against the company (see, e.g., Supreme Court Decision 2013Da16473, Jul. 11, 2013). According to each of the evidence No. 8, No. 1, No. 2, and No. 3, the defendant is a relative with C. The defendant asserts that he/she was prepared the No. 100 million won by lending the Plaintiff company's KRW 100 million to the Plaintiff company's personal account, and some of the above KRW 100 million was remitted to the Defendant's father D's account, and at the time, D's shares were transferred to the Plaintiff company's account.
However, solely on the foregoing circumstances, C’s personal interests, regardless of the purpose of profit-making of the Plaintiff Company, shall be sought.