1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. Determination on the cause of the claim

A. Fact-finding 1) On April 8, 2016, the Plaintiff: (a) determined on April 8, 2016, the Defendant’s loan amounting to KRW 20 million; (b) interest rate of KRW 6.5% per annum on April 8, 2021; (c) interest rate of KRW 2.2% per annum on the interest rate within 30 days overdue; (d) interest rate of KRW 5.2% per annum on the interest rate within 30 days overdue; and (e) interest rate of KRW 90 per annum on the interest rate; and (e) if interest, installment repayment, and installment repayment principal and interest are not paid on the fixed date, the Plaintiff’s loan (hereinafter “instant loan”). (hereinafter referred to as “instant loan”).

(2) From May 2, 2017, the Defendant neglected to pay interest arising from the instant loan and lost the benefit of time. The Defendant paid KRW 20 million to the Defendant’s account under the name of the Defendant.

3) The remainder of the principal and interest of the instant loan as of November 5, 2018 is KRW 20 million with interest and delay damages, and KRW 2,933,416 with respect to the remainder of the principal and interest resulting from the instant loan as of November 5, 2018. [The fact that there is no dispute over the grounds for recognition, evidence A1 through 6

B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 9.5% per annum with respect to the principal amount of KRW 22,933,416 (= principal amount of KRW 20,000,000) and the principal amount of KRW 20,000,000 from November 6, 2018 to the date of full payment.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion sought to grant C a loan with money exceeding the limit of the loan amount to the same person.

C asked D to borrow the name from the Defendant, who is the holder of D, and the Defendant only lent the name of the loan upon D's request.

The Plaintiff entered into the instant loan agreement with the intent not to impose liability on the Defendant, who is merely the nominal lender, with the knowledge of the aforementioned circumstances, and thus, it is false that the Plaintiff conspired.