Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

2. Judgment on the defendant's grounds for appeal

A. The Defendant asserts to the effect that “the Plaintiff and D are in a partnership that jointly operates an individual business entity, both of which are E companies, and the claims arising in relation to the money remitted to the Defendant from the side of E companies are the partnership claims owned by the said partnership. The partnership claims can only be exercised as a party to the partnership, and the Plaintiff, one of the union members, can not be exercised independently by the Plaintiff, and thus, the instant lawsuit brought by the Plaintiff alone is unlawful.”

However, the evidence submitted by the Defendant alone is insufficient to recognize the fact that the Plaintiff and D were related to the partnership, and even if the Plaintiff and D were to be related to partnership, the Defendant borrowed money from the said partnership, not the Plaintiff (i.e., the fact that the Plaintiff’s claim was the partnership’s claim), and there is

The defendant's above assertion is without merit.

B. The defendant asserts to the effect that " even if the plaintiff and D are internal partnership relations, since the business title of the E company is D, only D is entitled to exercise a loan claim, and the plaintiff shall not exercise it."

However, as seen earlier, the Plaintiff and D lack of evidence to acknowledge the facts related to the partnership, and who is the business title of the E company is irrelevant to the instant case, and the fact that the principal who lent money to the Defendant using the account in the name of D is the Plaintiff is the Plaintiff is as shown in the reasoning of the judgment of the first instance cited earlier.

The defendant's above assertion is without merit.

3. The judgment of the court of first instance is justifiable, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.