대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance cited by the court of first instance is to dismiss “the Defendant from the deceased” as “the latter” under Section 1 of the judgment of the court of first instance, and the Defendant’s assertion that the Defendant emphasizes or adds to this court is identical to the ground of the judgment of the court of first instance, except for the following additional determination, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure
2. The defendant's assertion and judgment
A. The Defendant’s assertion was that the Plaintiff and the deceased brought a lawsuit into a partnership business, and the Plaintiff’s money is not a loan, but a partner’s money.
① This is revealed in light of the following: (a) the Plaintiff did not receive a loan certificate from the Deceased; (b) the Plaintiff transferred the money to D directly without remitting the money to the Deceased; and (c) the Plaintiff provided the real estate of his/her own residence as a physical collateral to secure the Deceased’s obligation to the deceased; (d) the Plaintiff, while remitting money to the Deceased, specified the details of the use of money in detail by stating in detail the name “purchase of a flag and examination” as “purchase and examination”; (v) the money actually transferred to the Deceased was used in raising cattle; and (vi) the Plaintiff stated in the account book “three million won of profit” in the money to be received from the Deceased.
B. According to the evidence No. 11 and No. 12 and 13 (including each number; hereinafter the same shall apply) of the judgment, the following facts are as follows: (i) the Plaintiff and the Defendant did not appear to have made a loan certificate; (ii) the account book (Evidence No. 11) recorded on the money remitted to the Defendant by the Plaintiff; and (iii) the amount receivable plus the “three million won of profit” on November 23, 201; (iv) the Plaintiff partially included the two number and price of lawsuits to be purchased by the Deceased in the above account book; and (v) the amount of the purchase price for examining the land and housing owned by the Plaintiff.