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The judgment below is reversed, and the case is remanded to Busan District Court Panel Division.
Reasons
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. In order for a false declaration of intention to be constituted, there shall be an agreement between the other party and the actual intention of declaration of intention and the other party as to the disagreement;
If a third party directly signed and sealed a loan-related document, such as a written agreement of a loan for consumption, as the principal debtor in the loan-related document is expressed to the creditor such as a financial institution, etc., the third party had the intention to have another person obtain a loan under the name of the third party and use it.
Even if the principal and interest are to be repaid at a third party’s expense, this is merely an intention to vest the economic effect under a loan for consumption in principle, and thus, it is difficult to deem that there is any disagreement between the intention and indication of the third party.
(See Supreme Court Decisions 98Da17909 delivered on September 4, 1998, 2006Da53290 delivered on June 14, 2007, etc.). However, a third party’s signature and seal on loan-related documents with the intent of devolving not only on the economic effect under a loan for consumption but also on the legal effect of the loan-related contract is signed and sealed by the third party. The creditor, such as financial institutions, etc. belongs to the actual borrower up to the legal effect of the loan-related loan with the third party, and if there are special circumstances to presume that the third party has agreed or understood that the loan-related documents will not be imposed on the third party, such declaration of intent is invalid as a false declaration of agreement
In a specific case, whether there are such special circumstances as above, the borrower and the name lender's interest, the actual payment of the loan, the degree of involvement of the name lender in the process of preparing loan documents, whether the execution of the loan was made based on the credit of the name lender, or the actual borrower.