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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. Facts of recognition;
A. On October 24, 2014, the Plaintiff loaned KRW 110,000,000 to the Defendant for installment financing. The Plaintiff determined the interest rate of KRW 9.9% per annum by means of equal installment of principal and interest, the overdue interest rate of KRW 21.9% per annum, and the loan period of KRW 65 months as the loan period. Article 8 of the terms and conditions of installment financing determined that the monthly installments, etc. would lose the benefit of the deadline and concluded an application for a debate on automobile mistake and an agreement.
B. The application for the foregoing vehicle error debate and the written agreement are affixed with the Defendant’s official seal on the loan applicant column, and C’s signature and seal on the column of joint and several sureties is affixed with the Defendant’s representative director.
C. The principal and interest of a loan was overdue around September 21, 2017, and the balance of the principal and interest of a loan was 63,51,687 won as of October 18, 2017, interest 985,396 won, interest 5,975 won, overdue interest 64,543,058 won (=63,551,687 won) as of October 18, 2017.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including branch numbers in case of additional number), Eul evidence 1, the purport of the whole pleadings
2. Determination as to the cause of action
A. The plaintiff asserts that the plaintiff made a loan to the defendant as installment financing, and the defendant asserts that the actual debtor D is a branch of a loan, and the defendant only lent his name to D as a branch of a loan company, and the plaintiff was aware of the fact of the name lending, and thus the party to the loan contract is the plaintiff and D.
B. 1 Generally, who is the party to the contract is a matter of interpretation of the party’s intent to be involved in the contract.
The interpretation of a declaration of intent is to clearly determine the objective meaning that the parties have given to the act of indicating it, and in the event that the contents of any contract are written between the parties as a disposal document, it is not bound to the terms used in the document.