1. The Defendant shall pay to the Plaintiff KRW 250,774,724 as well as KRW 172,00,000 among them, from May 16, 2014 to the date of full payment.

1. Facts of recognition;

A. On June 30, 2009, the Plaintiff entered into a loan transaction agreement with the Defendant to lend KRW 172 million (hereinafter “instant loan transaction agreement”) by setting the loan interest rate as one year (the extended period until June 30, 201) and at the fluctuation rate (21% per annum) pursuant to the basic terms and conditions of bank credit transaction (the highest rate of damages for delay). Accordingly, the Plaintiff loaned KRW 172 million to the Defendant.

B. As of May 15, 2014, the principal and interest of the instant case amounting to KRW 250,774,724 (i.e., principal amount of KRW 177,852,00,000 agreed interest rate of KRW 837,852).

The compensation rate for delay applicable to the loan transaction agreement of this case by the Plaintiff is 15.12% per annum.

[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 3 (including tentative number), the purport of whole pleading

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 250,774,724 as well as damages for delay calculated at the rate of 15.12% per annum, which is the agreed damages for delay, from May 16, 2014 to the date of full payment, with the principal of KRW 172 million as of the base date.

나. 피고의 항변에 대한 판단 ⑴ 피고의 항변 이 사건 대출거래약정은 주식회사 오쉘윈(이하 ‘오쉘윈’이라고만 한다)이 피고를 B의 허위 분양계약자 겸 형식상 대출명의자로 삼아 원고로부터 중도금을 대출받는 과정에서 체결한 것이다.

원고도 피고가 단순한 명의대여자에 불과하고 오쉘윈이 실질적 채무자라는 것을 잘 알고 있었다.

Therefore, the loan transaction agreement of this case is null and void because it constitutes a false conspiracy.

In order to establish a false declaration of agreement, there is a difference between the truth and the indication of the declaration of intention and an agreement with the other party as to the disagreement, and a third party is the principal debtor or the principal debtor in the loan-related documents, such as a monetary loan agreement.