There is no part exceeding 39 million won out of the Plaintiff's used cars loans against the Defendant.

1. Facts of recognition;

A. On January 29, 2019, the Plaintiff entered into a mid-term loan agreement with the Defendant (hereinafter “instant loan agreement”) around KRW 130 million, annual interest rate of KRW 7.4%, and the mid-term loan period of 48 months (hereinafter “instant loan agreement”) through D, which operates a financial intermediary and installment financing company “C” (hereinafter “instant loan company”).

B. On the date of the loan, the Plaintiff purchased a high-speed vehicle with Defendant’s employees on the date of the loan, and applied for the loan through D through which the Plaintiff operated the instant lending company. The Plaintiff written an application form, agreement, and a second-hand takeover certificate, etc., with the content that the loan was transferred to the instant lending company, and divided the conversation with the content that the loan is made in a way that the loan is again remitted to

C. On January 29, 2019, the Defendant remitted KRW 130 million to the account in the name of the instant lending business entity.

On the other hand, D entered into a business consignment agreement with the Defendant for loan brokerage in the name of his spouse E and operated the instant loan broker. In fact, D used the money borrowed in the name of the Plaintiff in accordance with the loan agreement of this case for the purpose of the repayment of its obligation, not for the Plaintiff to receive the loan normally after confirming the loan amount in connection with the purchase of the middle and high vehicles for the Plaintiff.

D was sentenced on January 22, 2020 to the conviction of 2 years of imprisonment (In Incheon District Court 2019Da6802) by deceiving the plaintiff and deceiving the loan.

[Ground] Facts without dispute, Gap evidence Nos. 1 through 7, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the assertion of unauthorized Representation

A. The Plaintiff asserts that since D entered into the instant loan agreement without the authority to represent the Plaintiff, the Plaintiff’s obligation to pay KRW 130 million to the Defendant is nonexistent.

B. As seen earlier, D deceiving the Plaintiff.