대여금
The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport, purport, and.
1. The parties' assertion
A. On June 19, 2003, the Plaintiff leased KRW 10,000,00 to the Defendant at the rate of 5% per annum on September 19, 2004 and interest per annum (hereinafter “instant loan”). The Defendant is obligated to pay the Plaintiff interest and delay damages from June 19, 2003.
B. The defendant did not borrow KRW 10,000,000 from the plaintiff, and the defendant did not have any contact with the plaintiff.
However, the defendant received the time limit money from the transferor C before maturity, and C needed a loan certificate in the form of a loan and affixed his/her personal information on the debtor column and delivered C with his/her seal. At the time of loan, the loan certificate was the official map except the defendant's personal information.
2. Determination
A. According to Gap evidence No. 1 (the "cash loan certificate of this case" hereinafter), the loan certificate of this case contains the debtor, joint and several surety C, loan amount of KRW 10,000,000, and interest rate of September 19, 2004, and the defendant's seal is affixed on the debtor's column.
B. However, in light of the following facts and circumstances acknowledged by adding the whole purport of the pleadings to each of the statements in Gap evidence Nos. 3 and Eul evidence Nos. 1 through 4, it is insufficient to recognize that the above fact of recognition alone was insufficient to recognize that the plaintiff lent KRW 10,000 to the defendant on June 19, 2013, and there is no other evidence to acknowledge it.
① In the loan certificate of this case, C, which is indicated as a joint and several surety, shall provide the Defendant with the payment of the time limit prior to maturity to the Defendant, and later, provide only the Defendant’s personal information on the loan certificate of this case possessed by himself with an order to present it to other fraternitys, and the remainder, while borrowing KRW 10,00,000 from the Plaintiff as a joint and several surety, is being kept in public space, and the Plaintiff was provided with the loan certificate of this case by entering himself as