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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On January 5, 2015, the Plaintiff filed an application with the Defendant for a loan with the Defendant at KRW 27,30,000 of the loan principal, KRW 48 months, interest rate of loan 15.90% per annum, interest rate of interest rate of 27.90% per annum, interest rate of 27.90% per annum, and interest on repayment method equal to the principal and interest on repayment (hereinafter “instant loan”).
B. On January 5, 2015, the Defendant, upon receipt of the instant loan contract application from the SDR, notified the Plaintiff of the main contents of the instant loan contract and, in particular, that the instant loan was directly remitted to the sales company of used cars or the Defendant’s partnership store. The Plaintiff consented thereto.
C. On January 5, 2015, the Defendant: (a) transferred 27,300,000 won to EM; (b) 27,300,000 won to EM B; and (c) B transferred 21,100,000 won, which was part of the said money, to C’s account in the name of a limited company.
After all, on January 12, 2015, the ownership of the 99% share of the vehicle (vehicle No. D, hereinafter “instant vehicle”) among the low-speed car (vehicle No. D,”) was transferred to the Plaintiff, and the ownership of the remaining 1% share was transferred to E, respectively, who is the Plaintiff’s punishment. Accordingly, a mortgage was established on the instant vehicle at KRW 27,300,000 against the mortgagee, the mortgagee, the mortgagee, the obligor, the obligor, the Plaintiff, and the bond price of KRW 27,30,000.
E. By April 2016, the Plaintiff repaid KRW 11,584,395 to the Defendant.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 3, 6 through 11, Eul evidence 1 to 23, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The Plaintiff’s assertion did not conclude a loan agreement with the Defendant, and the Defendant’s claim that the Defendant is an application for a loan agreement (Evidence A 1) is an essential entry.