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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The first loan contract of this case and the first collateral security contract of this case 1) from around 2006 to around 2006 B maintained internal relations with the Plaintiff, as well as the loan hub 103 of Gangseo-gu Seoul Metropolitan Government, which was owned by the Plaintiff (hereinafter “instant real estate”).
A) The Defendant’s employee in charge of loan by acquiring loan from the Defendant as collateral and having the Defendant divided the loan, without being delegated by the Plaintiff on the 26th of the same month, and with the Plaintiff’s certificate of personal seal impression, seal imprint, resident registration certificate, and the registration certificate of the real estate in this case, and by allowing the third party to forge the Plaintiff’s resident registration certificate and engage in the Plaintiff’s conduct, etc., then deceiving the Defendant’s employee in charge of loan, and then, a loan agreement with the Defendant under the name of the Plaintiff to obtain a loan with the amount of KRW 2.5 million at an interest rate of KRW 2.45% per annum on a fixed deposit interest rate between the Defendant and the Defendant, as to the real estate in this case, and a mortgage agreement with the obligor (hereinafter
2) On the same day, B entered into a loan agreement (hereinafter referred to as “the first loan agreement of this case”) with the Defendant under which the Defendant would have completed the registration of creation of a neighboring mortgage on the instant real estate in the name of the Defendant, and B was transferred KRW 2,50,000,000 to the account under the name of the Plaintiff (the Defendant’s union opened account, account number: D) managed by B. 2) and thereafter, B, upon deceiving the Defendant’s employee in charge of loans in the same manner as of August 2, 2011, the Plaintiff and the Defendant would be granted a loan by setting the amount of KRW 50,000 between the Defendant and the Defendant at an annual interest rate of 2.45% (hereinafter referred to as the “regular deposit interest rate”).
(B) The Defendant concluded a loan agreement and received 50,000 won from another account (the Defendant’s union account, account number: E) in the name of the Plaintiff managed by B. B following the second loan agreement and the second collateral mortgage agreement 1).