임대차보증금반환
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. Reasons for a judgment of the court of first instance concerning the cited part of a judgment of the court of first instance;
3.2
In addition to the following parts, the relevant column of reasons for the judgment of the court of first instance shall be as follows:
2. The part of the loan that was used by the Defendant is merely a loan to D through C to the Plaintiff (or lending money to D) and as a security therefor. Since D fully repaid the loan, it is argued to the effect that the Defendant cannot respond to the Plaintiff’s claim.
According to the evidence Nos. 3, 4, and 5, the Plaintiff loaned money from the Plaintiff to K, L, M, N,O, etc., and transferred part of the principal and interest to the Plaintiff. On March 20, 2009, the Plaintiff transferred KRW 1,50,000 to C on the same day, and on March 23, 2009, the Plaintiff transferred KRW 5 million to C on the same day. The Plaintiff transferred KRW 3 million to C on September 24, 2009, KRW 19 million to C on September 24, 2009, KRW 5 million on the same day, and KRW 1,9 million on September 24, 2009, KRW 3 million on the same day, and KRW 1,500,000 to C on the witness testimony and evidence of the first instance court (the same date, and KRW 1,500,000 on September 29, 200).
① There is no agreement on family between the Plaintiff and the Defendant, or a document of disposition to support the existence of a loan agreement between C and P, and the Defendant’s loan to P.