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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. On the Internet, the Plaintiff’s advertisement that he/she can receive a maximum monthly wage of KRW 10 million, if he/she holds office as a representative of a shipping corporation, was found to find the Newyang Korea and Japan Co., Ltd. (hereinafter “Newyang Korea and Japan”) located in the 311(Man-gu World Cup 31(Man-dong) at the time of the report, and he/she heard the phrase “the Plaintiff shall create and distribute a corporation because the physical quantity of the New Korea and Japan is too high,” and when the Plaintiff enters a corporation’s representative or director, he/she will subscribe to a monthly wage of KRW 2 million and four major insurance. The conditions of the corporation’s representative will receive a personal loan and release the cargo from the new Korea and Japan.”
B. Accordingly, the Plaintiff received D’s arrangement that runs a loan brokerage business in the name of “C” and agreed to obtain a secondhand loan from the Defendant.
C. On August 25, 2014, the Plaintiff entered into a contract with the Defendant for a secondhand loan with the following content:
(hereinafter referred to as the “instant loan agreement”). Vehicle information: The amount of loans extended in 2010 on a freezing tower and vehicle number B (hereinafter referred to as the “instant vehicle”): Method of repayment of KRW 78 million per annum (12.9% per annum): The conditions for repayment of principal and interest on a monthly basis for 48 months: A special agreement on the loss of interest due to the account of a new bank (E) in the name of D (hereinafter referred to as the “instant loan”): A mortgage which is registered in the name of the principal and the defendant is not established within 30 days from the date of payment of the relevant goods.
D. At the time of the conclusion of the loan contract of this case, the defendant confirmed the business registration certificate, the certified transcript of corporate register, and the registration certificate, the register of automobiles and the photograph of the vehicle of this case, which the plaintiff would purchase and enter the vehicle, and requested the above documents as documentary evidence.
E. Under the instant loan contract, on August 25, 2014, the Defendant remitted KRW 77,965,000, excluding KRW 35,000,000, out of KRW 78,800,000 to the above new bank account of D, and D.