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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. A. The representative director C of the Plaintiff’s loan application (1) around August 2009, in collusion with K, L, M, J, etc. on the part of the Plaintiff (hereinafter “B”) provided the instant land as security to the bank without the consent of its owner F and obtained the loan.
(2) C knew that the amount of the corporate card used was overdue and that the Defendant, the principal bank, was unable to obtain a loan from the Defendant, and asked the actual operator H of the Plaintiff (hereinafter “N”) who was known prior to this, to be the Plaintiff’s nominal owner.
C said that since the land in this case was provided as collateral to H, it would not lend its name to H any damage.
(3) H accepted C’s request.
At the time of the plaintiff, the representative director I received H's instructions, and found Defendant D's branch on August 31, 2009, prepared documents for the loan of KRW 10,000,000 for corporate driving general funds.
B. On September 2, 2009, C concluded a loan contract between the principal and the Defendant to offer the instant land as collateral, and (1) on September 2, 2009, C used an accomplice J to act as an accomplice and sought the Defendant’s D points.
J presented a forged F’s resident registration certificate, a certificate of personal seal impression, etc. that misrepresented F, and prepared a collateral security and superficies creation contract on the land of both F and F.
(2) On September 3, 2009, the Defendant’s loan manager E found the Plaintiff’s factory and inspected the Plaintiff’s factory for the loan.
(3) On September 3, 2009, the Defendant entered into a contract with the Plaintiff to lend KRW 1,000,000,000 (hereinafter “instant loan”) at the lending rate of September 3, 2010, with interest rate of KRW 3.55% per annum (hereinafter “instant loan contract”), and paid the instant loan to the Plaintiff.
(4) On September 3, 2009, the Defendant registered the creation of a right to collateral security (hereinafter “mortgage”) of KRW 1,200,000 with respect to the instant land, and the duration of thirty years.