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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. Comprehensively taking account of the following facts acknowledged as to the cause of the claim, the Defendant shall pay to the Plaintiff damages for delay calculated by applying the agreed interest rate of 25% per annum from February 20, 2016 to the date of full payment of the principal and interest of the loan amount of KRW 931,88,509 and the principal of the loan of KRW 449,91,135.
A. On June 28, 201, the Future Savings Bank Co., Ltd. (hereinafter “BE Savings Bank”) set a maturity of KRW 450,000,000 to the Defendant on June 28, 201, with a maturity of KRW 450,000 on June 28, 2012; 12% per annum on loans; and 25% per annum on arrears (hereinafter “instant loans”).
B. On April 30, 2013, the Future Savings Bank was declared bankrupt by the Seoul Central District Court 2013Hahap54, and the Plaintiff was appointed as the bankruptcy trustee.
C. As of February 19, 2016, the principal of the instant loan claim is KRW 449,911,135, and the interest and damages for delay are KRW 481,97,374.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Judgment on the defendant's assertion
A. On June 28, 2011, the asserted future savings bank lent KRW 8 billion to the Bridge in 2007, and re- loaned KRW 4 billion to C in 2010, which became difficult to grant loans. As such, on June 28, 2011, the Defendant’s name without any qualification was lent to the borrower (Evidence 2).
The defendant only lent his name and is not the actual debtor, but the future savings bank at the time is aware of such circumstances, so the defendant is not obligated to repay the loan.
B. In order to establish a false declaration of conspiracy, there must be an agreement between the other party and the other party as to the disagreement. If a third party directly signs and seals a loan-related document, such as a monetary loan agreement, as the principal debtor or joint guarantor, the third party indicates that the third party is the debtor of the loan for consumption, and the third party is a financial institution’s credit restriction, etc. as determined by the financial institution.