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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Defendant entered into a credit transaction agreement under the name of the Plaintiff with a certified digital signature signed on May 3, 2013, stipulating that KRW 3 million shall be interest rate of KRW 38% per annum, interest rate of overdue interest rate of KRW 39% per annum, and maturity of KRW 300,000 per annum on May 3, 2016, and remitted KRW 300,000 to the account of agricultural cooperatives (C) in the Plaintiff’s name. ② On May 20, 2013, the Defendant entered into a credit transaction agreement with a maturity of KRW 38% per annum, interest rate of KRW 39% per annum, and maturity on May 20, 2016, and transferred KRW 1 million to the said account in the Plaintiff’s name before maturity of KRW 38% per annum, interest rate of KRW 500,000 per annum, 35% per annum, and 35% per annum, 206.
[Ground of recognition] The descriptions of Gap evidence Nos. 1, 2, Eul evidence Nos. 1 and 2 (including each number), and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s middle school-friendly B obtained a loan after opening an account under the Plaintiff’s name by stealing the Plaintiff’s name by using the Plaintiff’s driver’s license on April 2013, and entering into a credit transaction agreement with the Defendant. Therefore, there is no obligation under the instant credit transaction agreement against the Defendant.
B. The Defendant confirmed the abstract of the Plaintiff’s resident registration record card with the mobile phone in the name of the Plaintiff, and confirmed that the Plaintiff’s digital signature was affixed to the credit transaction agreement with the authorized certificate under the Plaintiff’s name, and remitted the loan to the account under the Plaintiff’s name. The Plaintiff was aware of the loan around 2014 and did not raise any objection thereto, thereby recognizing that the Plaintiff was the principal
3. Determination
A. In a lawsuit seeking confirmation of existence of a pecuniary obligation, the Plaintiff, the obligor, first.