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 is cited by the main text of Article 420 of the Civil Procedure Act, on the ground that the court's explanation concerning this case is identical to the reasoning of the judgment of the court of first instance except for the modification or replacement as follows.
Part 2 of the Decision of the first instance shall be amended from Part 14 to "B".
Of the judgment of the first instance court, the part of the 3th to 15th 14th 15th 15th 14th 15th 14th 14th 3th 14th 15 "the defendant intended to obtain a loan from the plaintiff on the introduction of D, but deposited the loan in the account other than the defendant's account in the e-automobile dealer's account." The defendant intended to obtain a loan from the plaintiff on the introduction of D, who is an employee of the e-automobile dealer's employee, and the plaintiff deposited the loan into the account in the name of the representative of the e-automobile dealer's company, which is not the defendant, and the F deposited the loan to B upon the request of D, but the loan contract of this case was embezzled."
Of the judgment of the court of first instance, the part of the first instance, “The payment was made, and the above F transferred KRW 10,700,000 to the B account which is the seller of the second vehicle on the same day.” As such, the process of the payment and transfer of the loan seems to be normal, the fact of the payment can be recognized.”
However, the following circumstances, which are acknowledged as comprehensively considering the purport of the entire pleadings in the statement Nos. 1, 6, 7, and 3 of the evidence Nos. 1, 7, and 3 of the loan application, namely, ① the defendant set forth in the transaction column of the E-automobile trader in the transaction column of the loan application, and the seller column B in the seller column, ② the plaintiff's employee explains to the defendant that the loan would be directly remitted to the buyer after the defendant's application for the loan, and obtained the defendant's consent.