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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. Basic facts
A. On August 28, 2017, the Plaintiff entered into a loan transaction agreement with the Defendant on August 28, 2017 (hereinafter “instant loan agreement”) with the amount of KRW 5 million, interest rate of loan, and overdue interest rate of KRW 27.9% per annum, August 28, 2017, and August 28, 2017, and the date of termination of the contract (hereinafter “instant loan agreement”). On the same day, the Plaintiff transferred KRW 5 million to the Cbank account in the name of the Defendant on the same day.
B. From October 21, 2017, the Defendant lost the benefit of time by delaying the repayment of the principal and interest.
C. According to the instant loan agreement, the principal and interest that the Defendant is obliged to repay to the Plaintiff remains the sum of KRW 4,799,989 as of March 12, 2018 and KRW 5,324,660 as of December 12, 2018 (=4,79,99,989 KRW 524,671).
[Grounds] The facts without dispute, Gap evidence 3, Eul evidence No. 4 loan transaction contract, and the defendant argued that Eul, known to the general court, forged the above loan contract by using the defendant's resident registration certificate copy, etc. However, in full view of the purport of the argument No. 4, although Eul borrowed money, although Eul did not have any intent or ability to repay it, and did not think that it was used as a security deposit to purchase the house, it is necessary to pay the principal and interest of the house. If the plaintiff borrowed the name of the loan, he will pay the principal and interest if he knows that his parent received the loan by viewing documents, he will pay the loan in full if he knew that his parent was able to receive the loan." The defendant issued the above loan contract to the plaintiff around August 28, 2017, and it was confirmed that Eul borrowed KRW 5 million from E corporation to be a fine No. 281,208,000,0000,000 of the above loan contract to the defendant's name and confirmed it by the defendant No. 281,287.