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1. Revocation of a judgment of the first instance;
2. The Defendant: (a) KRW 10,000,000 for the Plaintiff and its related thereto from April 16, 2014 to May 16, 2014.
Reasons
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 3, and 13 as well as the overall purport of the pleadings, it is recognized that, around May 25, 2001, B, who had worked as a loan manager at the Plaintiff’s point C, entered into a loan contract with the Plaintiff in the name of the Defendant with his pro-friendly job offering and entered into the loan contract of KRW 10,000,000 (hereinafter “instant loan”) on the same day (hereinafter “the instant loan”).
2. The Plaintiff’s assertion B entered into the instant loan agreement with the Defendant’s consent, and even if not, the Defendant ratified the said loan agreement, and thus, the Defendant is obliged to pay the Plaintiff KRW 10,000,000 and delay damages.
3. Determination
A. In light of the statement in Eul evidence Nos. 1, 4, 5, and 13, it is not sufficient to recognize that Eul entered into the loan contract in this case with the defendant's consent (the loan contract in this case was concluded by the defendant's will or it was delegated by the defendant). The plaintiff's assertion in this part is without merit.
B. However, in full view of the overall purport of the statements and arguments by Gap evidence Nos. 6 through 14, the defendant was aware of the facts of the loan in this case from Eul after the execution of the loan in this case; ② Nevertheless, the defendant did not raise any objection with respect to the loan in this case to the plaintiff; on June 4, 2013, the defendant prepared and delivered to the plaintiff a special agreement on credit transaction related to the loan in this case, a plan for repayment of loan obligations, an additional agreement on loan transaction, a consultation on loan and an application; ③ additional agreement on loan transaction prepared by the defendant at the time, the interest rate of 8.36% per annum, the delayed interest rate of 5% per annum, and the delay delay interest rate of 1 to 3 months from the date of delinquency, and the interest rate of 6% from the date of delinquency shall be added to 3 months from the date of delinquency, and the maximum delay delay interest rate of 12% from the date of delinquency shall be added to 20%.