1. The defendant shall pay 80,000,000 won to the plaintiff and 15% per annum from January 1, 2016 to the day of complete payment.

1. Basic facts

A. C received delegation of the operation of the Defendant Company from D, a major shareholder of the Defendant Company, from around 2010, and took office as the representative director and in-house director of the Defendant Company on November 15, 201. On December 30, 2011, the representative director of the Defendant Company resigned and was dismissed from office on May 3, 2014.

B. Upon C’s request, the Plaintiff transferred KRW 20 million to the Defendant on April 1, 201, in the name of husband E, which is the husband.

On March 26, 2011, the Plaintiff, under the name of E, remitted KRW 20 million to the Agricultural Cooperative Account of F, and KRW 30 million to the new bank account of F on April 13, 2011, respectively, and remitted KRW 70 million in total.

F transferred 20 million won to the Defendant on April 13, 2011.

C. On June 2, 2011, the Plaintiff and C deposited the amount of KRW 80 million with the due date, KRW 3% of the interest rate, and the agricultural bank account designated by the borrower into the account of the deposit owner: G, the new bank: H and the borrower entered into the loan certificate (Evidence 1) with the content that the bank account shall be the bank account of the deposit owner: H and the borrower entered into the loan certificate (Evidence 1) and C stand the joint and several sureties.

Since then, on June 3, 2011, the Plaintiff remitted KRW 5 million to the Agricultural Cooperative Account of F in the name of E, and on April 23, 2012, remitted KRW 5 million to the Defendant.

[Ground of recognition] The facts without dispute, Gap evidence 1 to 4, Eul evidence 2 to 4 (including paper numbers), Eul's witness's witness's partial testimony, the purport of the whole pleadings

2. The parties' assertion

A. While the Plaintiff C actually operated the Defendant Company, the instant loan certificate was prepared, and the Plaintiff paid the Defendant Company KRW 25 million and KRW 55 million to F designated by C through E, and the Defendant is obligated to pay the said loan amount to the Plaintiff.

Even if C did not have the right to exercise the power of representation of the defendant company at the time of drawing up the loan certificate of this case, the defendant is obligated to pay it in accordance with the analogical application of the doctrine of representative director under Article 395

B. The seal imprint affixed to the loan certificate of this case prepared by the defendant C is not the defendant's corporate seal impression, but the seal imprint "B" is written by C at will.