대여금 등
The defendant shall pay to the plaintiff 142,897,745 won and 28,800,000 won among them, per annum from March 28, 2020 to the day of full payment.
1. In full view of the purport of the entire pleadings, the facts in the separate sheet Nos. 1 to 8 of the facts of recognition can be acknowledged.
[The defendant's application for stock financing loans and signature and design of a letter of intent are all forged
The argument is asserted.
On the other hand, each of the above applications and the defendant's written notes submitted by the plaintiff are deemed to be identical to the land. According to the defendant's factual confirmation document (Evidence No. 1) submitted, it is recognized that the defendant directly signed as the representative when preparing the first loan document. Meanwhile, in relation to the plaintiff's claim of this case, the defendant set up and puts a collateral on the plaintiff's real estate. The defendant's written notes of the defendant under the contract for establishing the right of claim are deemed to be the same as the written notes under each of the above agreements. Thus, each of the above agreements is deemed to have been duly formed.
On December 8, 2020, the defendant's letter prepared on December 8, 2020 was approved that he signed the letter of agreement.
The defendant's assertion of forgery is without merit.
2. Determination
A. According to the above facts of recognition, the defendant is obligated to pay the claim amount of this case to the plaintiff.
B. The Defendant asserts that the loan contract of this case constitutes a false indication since the Plaintiff and the instant loan contract only lent only the name of the business owner to C. The Defendant stated that each of the loan contracts of this case constitutes a false indication.
When a person who has conspired with another person intends to establish false indication of his/her intention, there shall be an agreement between the other person on the discrepancy and the truth of his/her intention.
If a third party directly sign and seal on loan-related documents, such as a written agreement of lending and borrowing of money, as the principal or joint guarantor, he/she expressed to a financial institution that he/she is the debtor of such consumption and borrowing contract, and there was an intention to have another person make repayment after using the loan.
Even if there are no special circumstances, this is subject to the consumption lending contract.