1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. B applied for a loan to the Plaintiff under the name of the Defendant around July 17, 2015, and on the same day, the Plaintiff executed the following loans (hereinafter “instant loan or loan contract”).

Debtors: Interest rate of 28,00,000 won and method of repayment: 14.4% per annum, and 36 months per annum: Interest rate of 962,422 won per annum: 26.4% per annum;

B. As to the instant loan, the principal and interest of the loan remaining as of June 7, 2016 are KRW 21,700,263 in total (i.e., principal amount of KRW 21,394,136 and interest KRW 301,141 in delay damages of KRW 4,986 in total).

[Ground of recognition] Each entry of Gap evidence Nos. 1 and 2 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleading

2. Summary of the plaintiff's assertion

A. The Defendant’s seal is affixed to the application for the instant loan, and the Defendant issued to B a copy of the Defendant’s identification card, seal imprint, certificate of personal seal impression, resident registration certificate, and passbook in the name of the Defendant, and the Defendant was aware that the Defendant would pay the loan through the Agricultural Cooperative Account in the name of the Defendant.

Therefore, the loan contract of this case is lawfully concluded according to the defendant's will, therefore, the defendant must pay the principal and interest of this case and damages for delay to the plaintiff.

B. Even if B did not obtain a legitimate power of representation from the Defendant regarding the conclusion of a loan agreement with the Plaintiff.

However, B was granted basic power of representation from the Defendant in relation to the registration of the taking office of the representative director of C, and the Plaintiff had justifiable grounds to believe that B had the authority to conclude a loan contract on behalf of the Defendant, so the Defendant is obliged to pay the principal and interest of loan and delay damages to the Plaintiff according to the apparent representation liability under Article 126 of the Civil Act.

C. Even if the Defendant is not liable for expressive representation, the Defendant is the instant case.