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1. The plaintiff's primary claim added by this court is dismissed.
2. The following shall be paid among the judgment of the court of first instance.
Reasons
1. Basic facts
A. The reasoning of the judgment of the first instance in accordance with the main sentence of Article 420 of the Civil Procedure Act (hereinafter the same shall apply) is as follows.
(a).
(c) cites the statements of paragraphs and [based grounds for recognition].
However, the loan of this case and the loan contract of this case (hereinafter "the loan contract of this case") are "the loan contract of this case".
B) On March 28, 2014, B specified the loan date as the loan date. (1) On the same day, B paid KRW 291,00,000 to the Plaintiff as the repayment for the loan of this case. ② After the judgment of the first instance was rendered, the Plaintiff received KRW 291,032,870 from D who acquired ownership after purchasing the above apartment from C on June 26, 2015, and disposed of the payment of KRW 211,647,016 with interest on the above loan of this case, and then received KRW 79,385,854 as the repayment for the loan of this case, and revoked the registration of establishment of a neighboring mortgage on the above apartment on the same day. ③ On June 29, 2015, B entered KRW 10,194,000 as the repayment for the loan of this case as the repayment of the loan of this case and KRW 197,000 as the ground for each additional payment.
2. Judgment on the plaintiff's primary claim
A. The plaintiff asserts that the loan contract of this case is valid, and the defendant is obligated to pay to the plaintiff the total of KRW 172,953,769 and interest KRW 85,423,450 and interest KRW 258,37,219 and delay damages.
In this regard, the Defendant obtained the instant loan by forging the meeting minutes of the board of directors without the Defendant’s resolution. Therefore, the instant loan contract requires the Defendant, a public-service corporation, to make a resolution of the board of directors, and Article 7(1)1 of the Act on the Establishment and Operation of Public-Service Corporations (the function of the board of directors) ① The board of directors shall deliberate on the following matters.
1. The budget, settlement of accounts, loans and acquisition and disposal of property of the public-service corporation;