1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

2...

1. The reasons for this part of the underlying facts are as stated in the reasoning of the judgment of the court of first instance, and therefore, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The main point of the Plaintiff Corporation’s assertion is selective, and the Defendant Company’s loan to the Plaintiff Corporation (hereinafter “instant loan”) on September 19, 2008.

The remaining principal and interest of the loan shall be repaid as the actual borrower of the contract, and ② repayment of the remaining principal and interest of the loan shall be made in accordance with the repayment agreement in the letter of confirmation dated October 5, 2012, and ③ The F’s vicarious exercise of the F’s right to claim the return of unjust enrichment against the Defendant Company in order to preserve the instant loan claim against

Therefore, in relation to the instant loan, the Defendant Company is obligated to pay to the Plaintiff Company damages for delay calculated at the rate of 23% per annum agreed from September 26, 2017 to the date of full payment, as to the principal and interest of KRW 954,598,598 as of September 25, 2017 and the remaining principal and interest of KRW 479,202,204 as of September 26, 2017.

3. Determination as to the assertion that the actual borrower of the loan contract of this case is the defendant company

A. In order to establish a false declaration of agreement on related legal principles, there must be an agreement between the other party and the other party as to the inconsistency. If a third party directly signs and seals the loan-related documents, such as the agreement on a loan for consumption, as the principal debtor or the joint guarantor, the third party himself/herself indicates that the debtor of the loan for consumption is the financial institution, and the third party intended to obtain a loan under the name of the third party by avoiding the lending restriction set by the financial institution, etc.

Even if the principal and interest are to be repaid at the expense of another person, barring any special circumstance, it is intended to vest economic effects under a loan for consumption in another person.