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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. The judgment of the court of first instance is subject to Paragraph (1).
Reasons
1. Basic facts
A. D, an employee in charge of the Plaintiff’s loan, and the Defendant conspiredd to obtain illegal loans from the Plaintiff. On November 30, 201, the Defendant forged a real estate register, registration information and notice of completion of registration, a mortgage contract, etc. (hereinafter “security documents, etc.”) written as if the Defendant had completed the registration of establishment of a neighboring mortgage of KRW 162,00,00 with respect to the E Apartment F, which was owned by the Defendant to the Plaintiff on November 30, 2011.
B. On March 16, 2015, the Plaintiff submitted the aforementioned forged collateral documents, etc. from the Defendant, and entered into a loan agreement with the Defendant by setting the expiry date as 135,000,000 won, interest at 2.157% per annum for less than one month from the date of delinquency, 8% per annum for less than one month from the date of delinquency, 9% per annum for less than one month, and 10% per annum for more than three months (17% per annum for delay) for more than three months, and 10% per annum for more than three months.
(hereinafter “instant loan”). At the time, the Defendant approved the application of the General Terms and Conditions for Credit Transactions.
C. In the audit of the instant loan, the Plaintiff lost the benefit of the term of the instant loan, on December 22, 2017, pursuant to Article 7(3)6 of the General Terms and Conditions for Credit Credit Transactions (i.e., “when it is confirmed that false, forged, or falsified materials were submitted to G with respect to credit transactions”.
The loan in this case remains in KRW 88,018,294 as of December 31, 2018 due to the extinguishment of part of principal and delay damages due to the repayment by the defendant and D.
E. Meanwhile, on July 5, 2018, the Defendant was prosecuted on the charge of the above crime and was convicted of forging private documents, uttering of a falsified document, or a crime of fraud (2018Gohap5, 1 year of imprisonment). The Defendant appealed, but was sentenced to a judgment dismissing the appeal (No. 2018No307 of the Gwangju High Court). The appeal was filed on January 28, 2019.