대여금
1. The Defendant shall pay to the Plaintiff the amount of KRW 188,583,677 and KRW 121,76,883 among them, from March 5, 2014 to the date of full payment.
1. The grounds for the instant claim are as stated in the attached Form, and each fact may be acknowledged by the statements in Gap's Evidence Nos. 1 through 9. There is no counter-proof. Thus, the defendant is obligated to pay to the plaintiff the agreed damages for delay calculated at the rate of 21% per annum for the principal and interest of KRW 188,583,67, and the balance of principal and interest of KRW 121,76,883, and the balance of principal and interest of KRW 121,76,83, barring any special circumstance.
2. Judgment on the defendant's defense
A. First, the Defendant asserts that, as a stock savings bank requested that the auditor C lend the name of the Defendant as necessary for the establishment, etc. of the special purpose corporation of the bank, the Defendant issued the Defendant’s certificate of the personal seal impression and the seal imprint. However, the above bank did not hold the Defendant liable under the loan agreement in this case since it made the appearance of the loan in this case with the above certificate of the personal seal impression without any explanation, and it did not pay the loan to the Defendant.
On the other hand, the Defendant’s assertion appears to have conducted the instant loan by forging the instant loan contract, etc. using the above certificate of personal seal impression, etc. regardless of the Defendant’s intent. However, in light of the background and purpose behind or the purpose of issuing a certificate of personal seal impression, etc. to the said bank, and the purpose of the instant loan is different from the entry into the instant loan agreement.
It is difficult to readily conclude that the loan contract, etc. of this case was forged solely on the ground that the loan was not paid to the defendant, and there is no other evidence to acknowledge it. Thus, the above assertion
(A) The defendant issued a certificate of seal impression and a certificate of seal impression to the above bank, and thus granted a comprehensive legal act on loans related to the establishment of the above special purpose corporation and shareholder registration.
The defendant is next to the loan contract of this case.