1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is subject to Paragraph (1).

1. Basic facts

A. On July 21, 2003, the Plaintiff entered into a credit transaction agreement (hereinafter “instant loan agreement”) with the Defendant on July 21, 2003, setting the loan amount of KRW 10,000,000, the loan period of KRW 21% per annum on July 21, 2004, and the due date of payment on July 21, 2004.

B. On July 21, 2003, the Plaintiff transferred KRW 10,000,00 (hereinafter “instant loan”) to the account (Account Number: C) in the name of the Defendant pursuant to the instant loan agreement.

C. The Defendant did not pay interest on the instant loan and lost the benefit of time from December 21, 2013.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 4 and 5, the purport of the whole pleadings

2. Determination

A. According to the facts of the judgment as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the amount of KRW 10,000,000 of the loan of this case and damages for delay calculated by an agreement of 21% per annum from November 21, 2003 to the date of full payment.

B. The defendant's assertion argues that the defendant did not receive the loan of this case from the plaintiff, and that the defendant prepared a letter of credit transaction to obtain the loan from the plaintiff, and took household checks, etc., but it is presumed that the loan was made under the defendant's name by using it in D, and therefore, the defendant is not liable for the loan agreement of this case which was concluded without confirmation.

The following circumstances, which can be revealed by the statements in Gap evidence and evidence Nos. 1 through 3, 6, and 7, namely, ① the defendant’s seal impression is affixed to the loan agreement of this case, and the loan of this case was deposited into the account opened in the name of the defendant. ② The plaintiff received the defendant’s driver’s license at the time of the loan agreement of this case and confirmed himself, and submitted the resident registration certificate, the certificate of personal seal impression, and the household check issued by the defendant. ③ The defendant resided in Daejeon at the time of the loan of this case.