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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
The reasoning of the court's explanation of this case is as follows, except for adding the judgment of the defendant on the defendant's argument to Chapter 4 of the judgment of the court of first instance, the reasoning of this case is as stated in the reasoning of the judgment of the court of first instance. Thus, it is citing it as it is by the main sentence of Article 420
The defendant asserts that the loan agreement between the plaintiff and the defendant is null and void by a false agreement, since the defendant conspireds between C and the plaintiff's branch Eul, which are the actual debtor, to avoid the loan restriction provision, and conducted excessive loans to the defendant who is a simple nominal lender, and C did not bear the obligation and bears the legal obligation.
In order to establish a false agreement, there is a difference between the truth and indication of the expression of intent and an agreement between the other party as to the inconsistency. If a third party directly signs and seals as a principal debtor or joint guarantor in loan-related documents, such as a letter of loan for consumption, etc., the third party itself indicates that he is the debtor of the loan for consumption, and the third party has expressed his intention to have another person use the loan under the name of the third party by avoiding the credit limit stipulated by the financial institution.
Even if the principal and interest are to be repaid at the expense of another person, barring special circumstances, barring special circumstances, this is merely an intention to vest economic effects under a loan for consumption in another person, and the legal effect cannot be deemed to be an intention to vest in another person. Therefore, it is difficult to deem that there is a disagreement between the truth and indication of a third party
Therefore, in order to recognize the existence of the above special circumstances in specific cases, financial institutions belong to the actual borrower in accordance with the legal effect of the loan between the nominal lender and the nominal lender.