1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

1. Basic facts

A. A. Around January 2014, the Defendant: (a) heard from her friendship B, “SM3 vehicles have been purchased; (b) it is impossible to register the MF3 vehicles because it was impossible to scrap the sM3 vehicle that was on board; (c) if only the name was leased, it would be transferred to the name within ten (10) days after the registration of SM3 in the four names; and (d) around that time, the Defendant issued the Defendant’s seal imprint, certificate of personal seal impression, resident registration certificate, abstract and abstract of the agricultural bank head.

B. B purchased a high-class car under the Defendant’s name on January 27, 2014, and entered into a loan contract with the Plaintiff and principal KRW 11.5 million, the loan period of KRW 36 months, the loan interest rate of KRW 21.4% per annum, and the overdue interest rate of KRW 29% per annum (hereinafter “instant contract”). The Plaintiff transferred KRW 1.5 million to the vehicle seller designated by B on the same day.

C. On May 12, 2016, B was convicted of fraud in relation to the above criminal facts (Tgu District Court Decision 2015Gohap67), and B appealed and is currently pending appeal proceedings.

【Ground for Recognition: Evidence No. 1, No. 3, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The summary of the Plaintiff’s assertion was submitted by the Defendant’s seal imprint, certificate of personal seal impression, resident registration, and copy of passbook when concluding the instant contract.

Therefore, since the defendant conferred the power of representation to B, the contract of this case is lawful.

Even if the defendant did not have any specific delegation, the defendant is liable for the expression agency pursuant to Article 126 of the Civil Code.

B. Determination 1: (a) whether the Defendant granted B the authority to execute the instant contract; (b) the Defendant delivered B a seal imprint, a certificate of personal seal impression, a certified copy of resident registration, and a copy of the passbook under the name of the Defendant for the temporary registration of the name of the vehicle; and (c) the fact that B entered into the instant contract with the Plaintiff as the Defendant was committed as the Defendant, is recognized as above;