1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On February 2013, the Defendant: (a) borrowed KRW 5,500,00 from the person who was unaware of his name (hereinafter “the instant loan”); (b) the Defendant attended the said place and prepared a loan certificate stating the borrower as the Defendant for the said C.

On the other hand, the defendant, on the same day, provided the automobile owned by the defendant as collateral for the borrowed money in this case, and delivered the key of the automobile, the copy of the defendant's resident registration certificate, the certificate of personal seal impression, the registration certificate, and the register of automobiles to C.

B. On the instant motor vehicle, the person who was unaware of his name requested C to affix the Defendant’s seal imprint affixed to each of the above documents, by preparing a letter of delegation of the transfer of the motor vehicle and a letter of waiver of the motor vehicle, in blank, and C affixed the Defendant’s seal imprint seal.

C. After that, on February 7, 2014, the Plaintiff purchased KRW 5,500,000 from D possessing the key of the instant vehicle, the Defendant’s resident registration certificate, a copy of the Defendant’s resident registration certificate, a certificate of personal seal impression, a motor vehicle registration certificate, a motor vehicle transfer certificate, and a motor vehicle waiver certificate, and operated the motor vehicle

In addition, with respect to modern marine fire insurance and motor vehicles listed in the attached Form on the same day, the insured and the policyholder entered into an automobile insurance contract with H, the Plaintiff’s wife, and the insurance period from February 7, 2014 to February 7, 2015.

On the other hand, C and the defendant did not repay the loan of this case until now.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, 4 through 7, 10, 11, 12, Eul evidence Nos. 1, 2, 3 and 9, and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant provided a motor vehicle as a security for the borrowed money of this case with the key to the motor vehicle, the copy of the defendant's resident registration certificate, and the certificate of personal seal impression.