1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On November 22, 2013, an application for middle loan loan loan in the name of the Defendant (hereinafter “instant application for loan”) was drafted with the purport that the Defendant directly applied to the Plaintiff for a loan of KRW 10 million at the loan rate of KRW 36 months, interest rate of 21.4% per annum, and delay compensation rate of KRW 29%.

B. On November 22, 2013, the Plaintiff loaned KRW 10 million in the name of the Defendant based on the instant loan application form.

Meanwhile, as of May 20, 2014, the principal and interest of the instant loan claims remain in KRW 10,302,038.

C. On the other hand, around November 22, 2013, B forged the instant application for the loan under the name of the Defendant, and thereby deceiving the Plaintiff on the part of the Defendant, using the instant application for the loan, etc., and by deceiving the Plaintiff to obtain a loan of KRW 10 million from the Plaintiff, and acquired it, was prosecuted as the case of fraud, fabrication, or uttering of private documents with the Busan District Court's East Branch Branch of the Busan District Court, Busan District Court's fraud, fabrication of private documents, or uttering of the said private documents. On December 2, 2015, the said court found the Defendant guilty of the above criminal facts and sentenced B to four months of imprisonment and one year of suspended execution.

[Grounds for recognition] The items in Gap evidence 1-1, 2, and Gap evidence 2-2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. Determination 1 on the Plaintiff’s assertion that the Plaintiff provided the instant loan to the Defendant on November 22, 2013, that the Plaintiff gave a loan of KRW 1,000 to the Defendant directly or through B on behalf of the Defendant based on the written application for the instant loan, and thus, the Defendant is obligated to pay the Plaintiff the remainder of the loan claim. (2) The Defendant is obligated to pay the Plaintiff the remainder of the loan claim. (3) No. 1-2 (each written application for the instant loan) cannot be used as evidence since there is no evidence to acknowledge the establishment of each authenticity. In light of the contents of the instant criminal judgment against the Defendant, etc. as to the foregoing, the Plaintiff directly provided the instant loan to the Defendant only by means of the written evidence No. 2-10

at the time of the instant loan, the Defendant as to the instant loan to B.