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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
3. Paragraph 1 of the judgment of the court of first instance is applicable.
Reasons
1. Facts of recognition;
A. On June 10, 2017, as the Plaintiff’s agent, D is a loan transaction agreement with the purport that the Plaintiff borrowed KRW 45 million from the Defendant at an interest rate of KRW 27.9% per annum and on September 10, 2017 (No. 9; hereinafter “instant loan transaction agreement”).
(2) D) On the same day, D) on September 10, 2017, respectively entered the Plaintiff’s name and G’s trade name and affixed the Plaintiff’s seal and seal on his name, and affixed it to the Defendant on September 10, 2017, which was prepared to the effect that the Plaintiff and G Co., Ltd. (hereinafter “G”) who works as the representative director of the Plaintiff (hereinafter “G”) set and kept KRW 45 million as of September 10, 2017.
(C) At the time of the loan of this case, D’s letter of delegation (Evidence 3, 7, hereinafter referred to as “the letter of delegation of this case”) as to the borrowing of money (Evidence 3, 7, hereinafter referred to as “the letter of delegation of this case”) with the following contents as to the Defendant at the time of the borrowing of this case:
The name of the representative director of G is not the Plaintiff’s signature or seal. The name of the proxy company: The name of the representative director: the name of the mandatary (including the receipt of a loan) delegated to the mandatary under all his/her authority with respect to all duties and activities pertaining to the Plaintiff’s automobile security loan: D signature and unmanned Saemaul DHHH H H H H H H HH on June 10, 2017: Plaintiff 4) D transferred the amount of lerober passenger car (vehicle number: J. hereinafter referred to as “the instant vehicle”) that the Plaintiff transferred to the Defendant at the time of the instant loan to D under the name of G (hereinafter referred to as “I”) for use by the Plaintiff.
5. On the other hand, D is through F on June 9, 2017, the day before the loan of this case.