대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons why this court should explain are the same as the reasons for the judgment of the court of first instance, except for addition or dismissal as follows, and thus, they are quoted in accordance with the main sentence of Article 420 of the Civil Procedure Act.
The Plaintiff asserted that Defendant B borrowed the instant loan jointly with Defendant C to use for construction costs, etc. as follows. According to each of the following descriptions: (a) Defendant B completed the registration of ownership of multi-family housing in Guro-gu Seoul Metropolitan Government D on August 4, 1994; (b) Busan District Court Branch Branch of Incheon District Court borrowed KRW 15,00,000,000 from the Plaintiff on February 19, 1994; and (c) the Plaintiff claimed that Defendant B borrowed the instant loan with Defendant B as the preserved bond; and (d) Defendant B applied for the provisional seizure of real estate on the land and the real estate on the land, and received the provisional seizure order on February 28, 2016 from the above court; and (e) the Plaintiff received the provisional seizure order on February 28, 2016 from the above court.
the Corporation shall be recognized.
However, considering that the instant loan was lent over the period from February 19, 194 to September 24, 1998, it is insufficient to view that Defendant B and the Plaintiff jointly borrowed the instant loan from the Plaintiff on the sole basis of the fact that Defendant B newly built a multi-household house on August 4, 1994.
In addition, it is insufficient to confirm the fact that the Plaintiff asserted other monetary claims than the instant loan against Defendant B and applied for provisional seizure against real estate alone is insufficient to confirm that Defendant B borrowed the instant loan from the Plaintiff.
In addition, the Plaintiff leased the instant loan to the Defendants.