손해배상(기)
1. The plaintiff's appeal and the main claim added in the trial are all dismissed.
2. After an appeal is filed.
1. The plaintiff's assertion
A. On February 17, 2012, upon receiving a request from the Defendant’s mother C to lend money to the Defendant, the Plaintiff lent KRW 30 million to the Defendant or the Defendant and C by delivering KRW 30 million directly to the Defendant and C.
B. Other than that, if a person who borrowed KRW 30 million is C, this shall not apply to this case, and at the same time, the defendant would have been able to pay the borrowed money directly, and the plaintiff lent money with the belief of the defendant's promise. Therefore, the defendant guaranteed C's obligation of borrowed money or agreed to pay the plaintiff the borrowed money.
C. Therefore, the Defendant, as the borrower of a loan for consumption, is primarily liable to pay to the Plaintiff the said amount of KRW 30 million as the surety under the preliminary guarantee agreement or as the obligor under the repayment agreement.
2. Determination
A. According to the Defendant’s mother on February 17, 2012, the Plaintiff issued three copies of three cashier’s checks of KRW 10 million at face value to the Defendant’s mother C (hereinafter “the deceased”) on February 13, 2012, and the deposit account (hereinafter “instant account”) was opened in the Defendant’s name on February 20, 201, and KRW 20 million in cash and KRW 9 million received by the deceased from the Plaintiff was deposited in the instant deposit account. From March 2012 to January 17, 2013, the Plaintiff can be recognized as having transferred KRW 30 million in the Plaintiff’s name (excluding KRW 20 million and KRW 9 million).
B. However, there is no evidence to prove that the Defendant was in the place of delivering KRW 30 million to the Deceased, and the Defendant asserts that the Deceased could not engage in financial transactions with bad credit holders, thus allowing the Deceased to open and use the instant account.