대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
1. The reasons for the court's explanation concerning this case are as follows: even if the statements in Eul evidence Nos. 22 and 23 and each testimony in U and V are stand, "the defendant's co-representative delegated the authority to make a comprehensive preparation of the credit transaction agreement of this case, including the signature and seal, to L, etc." is insufficient to reverse the fact-finding of the court below, and the following additional judgments are the same as the reasons for the judgment of the court of first instance, and they are cited as it is in accordance with Article 420 of the Civil Procedure Act.
[Supplementary determination] The defendant's joint representative director's act of entering into the credit transaction agreement of this case and the financial advisory agreement accompanying it constitutes abuse of representative's authority for the purpose of promoting his own interest or a third party's interest regardless of the defendant's profit. A, the other party to each of the above agreements, knew or could have known of the above circumstances. Thus, the credit transaction agreement of this case is invalid.
In full view of the purport of the arguments and arguments in the testimony of the evidence Nos. 20 and 21, part of the evidence Nos. 20 and 21, and witness U and V, the defendant is a special purpose company (SPC) established on March 26, 2003, which was jointly invested on March 26, 200 by the defendant's joint representative director D, K which is the chairperson of the E Group, vice-chairperson, L which is a vice-chairperson of the E Group, and real estate development, and 85% of the shares on the register of shareholders is K, L, etc., 9% of the W-based shares is D, X shares, 6% of the shares, which are beneficial shareholders, L, etc., and T are to be managed by the defendant as a joint representative, D and T were jointly appointed as joint representative director, ② L and the defendant shared the construction of an apartment complex on the old-gu Incheon Metropolitan City with the approval and permission, ③ The first allocation of the business affairs, such as permission and permission, etc.