1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is a person who manufactures and sells both seconds with the trade name of C, and the Defendant is a person who engages in trade in agricultural products with the trade name of D (hereinafter “D”).

On the other hand, E is the defendant's wife, the head of the overseas business headquarters of D.

B. On May 17, 2012, the Plaintiff remitted KRW 20 million to the account under the name of the Defendant (hereinafter “instant money”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, and 5, the purport of the whole pleadings

2. The plaintiff's ground for claim

A. On May 2012, E paid the instant money to the Plaintiff in the Defendant’s account by providing that “D would sell imported goods and immediately repay the said goods if it is urgently required to borrow funds from China because it received mushroom support fees.” (hereinafter “instant statement”), and the Plaintiff deposited the instant money into the Defendant’s account.

As such, E requested the Plaintiff to lend the instant money with respect to D’s business, and E is entitled to represent the Defendant in relation to D’s business in the position of a commercial employee or manager who has the comprehensive power of attorney under the Commercial Act as the head of D’s overseas business headquarters. As such, the Defendant operating D is obligated to pay the Plaintiff the above loan amounting to KRW 20 million and delay damages.

(Chapter 1). (b)

No right of representation shall be granted to Home E to borrow the instant money.

Article 395 of the Commercial Act provides that even if there is no representative authority over an act of a person who uses a name that can represent the company, a bona fide third person shall be liable for the act of a person who uses the name that is not a company under the Commercial Act, even if it is not a company under the Commercial Act, the above provision may apply mutatis mutandis to cases where the defendant permits E to the position of the head of overseas business headquarters of D, so long as the defendant permits E to act as the head

C. E had the appearance of borrowing the instant money with respect to the performance of D’s duties, and the Plaintiff had its appearance.