대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and the appeal.
1. The parties' assertion
A. The summary of the Plaintiff’s assertion is to pay KRW 28,500,000 to the Plaintiff for the following reasons, and the damages for delay.
① On March 8, 2019, the Plaintiff loaned KRW 28,500,00 to the Defendant with the due date set on April 8, 2019.
② The Defendant asserts that C has no liability to repay to the Defendant, since C borrowed the above KRW 28,50,000 from the Plaintiff using the account in the name of the Defendant.
However, the defendant's above assertion is not permissible since it violates the principle of good faith. Even if the person who borrowed the above money from the plaintiff C, the defendant expressed his intention to repay the above money on behalf of the defendant C by lending his account in the name of the defendant C, and thus, he is obliged to pay the above money to the plaintiff as a joint guarantor.
B. The summary of the Defendant’s assertion did not borrow the above KRW 28,500,00 from the Plaintiff, and only allowed C to use the Defendant’s account under the name of the Defendant.
2. Determination:
A. According to the evidence evidence No. 1 as to the leased assertion, the fact that the Plaintiff remitted KRW 28,500,000 to the account under the Defendant’s name on March 8, 2019 is recognized.
However, the above facts or the evidence submitted by the plaintiff alone are insufficient to recognize that the plaintiff lent the above money to the defendant, and there is no other evidence to acknowledge it.
Therefore, this part of the plaintiff's assertion is without merit.
B. Joint and several liability, and determination on the assertion of violation of the principle of good faith 1) Joint and several liability for joint and several liability for the Defendant: (a) A joint and several liability for C by explicitly expressing the intent of the Defendant to assume the Defendant’s liability on behalf of the Defendant for the borrowed loan solely on the grounds that the Defendant permitted C to use the
There is a lack of recognition and there is no evidence to prove otherwise.
Therefore, the plaintiff's assertion on joint and several liability is without merit.
(ii)..