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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On April 2016, in order to purchase a heavy truck, the Plaintiff asked D and E to purchase a heavy truck from the seller of the secondhand shop “C” in Yangsan City, which is called “C.” They conspired to obtain a loan from the Plaintiff by means of the Plaintiff’s request to purchase a heavy truck, and then to obtain a loan from the Plaintiff at a lower price than the actual truck price.
B. On April 2016, D and E stated to the Plaintiff that “The amount of KRW 15 million is needed to purchase a middle and high 2.5 tons marina truck. If the documents necessary for the loan are provided, D and E loaned KRW 15 million from the Defendant to pay the above truck price.”
C. Accordingly, the Plaintiff is offered a loan to D and E as collateral for a large amount of money that the Plaintiff seeks to purchase a high difference in the debate.
The lending financial institution establishes the right to collateral security as a collateral.
I prepared and issued a loan agreement (B1), a certificate of vehicle transfer (B3), a certified copy of resident registration, a certificate of personal seal impression, etc.
However, in fact, D and E had the Plaintiff borrow KRW 12 million more than the actual price of the used truck, which is KRW 12 million, which is the actual price of the used truck, and then intended to borrow KRW 12 million for the purchase price of the above truck and KRW 3 million, which is the remainder, which is the difference, and therefore there was no intention or ability to use KRW 3 million from the beginning as the purchase price of the truck.
E. D and E submitted on April 29, 2016 an application for a loan from the Plaintiff’s name (B 1) and other documents to the prime share of the Plaintiff, which was entrusted by the Defendant with loan-related business. After examining the loan to the Plaintiff, the Defendant entered into a loan agreement with the following contents on the same day.
(hereinafter “instant loan agreement”). - Term of loan: 48 months: Date of loan: April 29, 2016 - Amount of loan: KRW 15 million: 2.9% per annum; method of payment: