대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. Basic facts
A. On December 3, 2018, between the Plaintiff and the Defendant conducting installment financing business, a mid-term and an agreement on the loan of KRW 32 million to the Defendant with an interest rate of KRW 13.9% per annum, 16.9% per annum of overdue interest rate, 48 months during the loan period, and 48 months from January 20, 2019 (hereinafter “instant loan application”) was drafted.
B. On June 1, 2011, the Defendant was judged as having a 1st degree disability and registered as a disabled person. On June 30, 2016, the Defendant was diagnosed as having cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral cerebral Spa, and was diagnosed as having no consciousness, and undergone an additional operation on July 29, 2016. From November 6, 2018 to June 1, 2018, the Defendant was under hospitalized treatment.
The defendant is a state in which it is possible to lead a daily life with the help of the opening of the dog entirely, the person in need of a mustache continues to be in a nutritional state, and the speech disorder is unable to communicate in the language due to the language disorder.
C. The Defendant’s father F’s husband and wife purchased H K9 used cars in the name of the Defendant and filed an application for the instant loan in the name of the Defendant for the loan of the purchase fund.
The loan application of this case was prepared in the above E Hospital where the defendant was hospitalized in the above E Hospital in the place where I, I, J, F, and G, who is an employee of the Plaintiff’s temporary partner of the loan of this case. The defendant’s father F, stated “B” in the loan application of this case, and signed it. The defendant, who is in an unidentified state, was the applicant for the loan, but did not attend the loan.
After F prepared an application for the instant loan in the name of the Defendant, the Plaintiff’s staff K called a mobile phone in the name of the Defendant to confirm the Defendant’s loan application and the Defendant’s identity, and the J, a member of the I, at the time of the preparation of the instant loan application, was the same.