1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

1. Basic facts

A. On December 18, 2012, D delivered to the Plaintiff the power to borrow KRW 10 million by Defendant and Co-Defendant C of the first instance trial, along with the Defendant’s respective certificates of personal seal impression. The Defendant borrowed KRW 10 million from the Plaintiff as of June 13, 2013, and C prepared to the Plaintiff a cash certificate and a certificate of loan with the purport that the joint and several surety was jointly and severally guaranteed.

At the time, all the names, resident registration numbers, addresses, and seals of the defendant stated in the letter of delegation and the certificate of borrowing were stated or sealed by D.

B. The Plaintiff paid KRW 9 million calculated by subtracting one million interest from the prior interest to C.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 13, and the purport of the whole pleadings.

2. Judgment on the parties’ assertion

A. The plaintiff asserts that since the defendant granted to D a valid power of representation or agency for concluding a monetary loan agreement, the defendant is obligated to pay the loan amounting to KRW 10 million, interest and delay damages.

The defendant asserts that D has no obligation to pay the above loan obligations, as the defendant or D did not have received the loan from the plaintiff, without permission of the plaintiff.

B. Determination 1) The following facts can be acknowledged in full view of the aforementioned evidence, Gap evidence Nos. 5 through 7, Gap evidence No. 12-1, and Eul evidence No. 12-2, and the purport of the whole pleadings in the testimony of the witness witness D at the trial. A) On September 19, 2012, the defendant set the sales price for the buildings where construction of a structural frame is performed on the land outside G and four lots of land and its ground between E and F (hereinafter the above real estate referred to as "the instant real estate", and the above building "the instant building") as KRW 1.2 billion and the sales contract (hereinafter the "the instant sales contract").