대여금
The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
1. Basic facts
A. The Plaintiff is a person working at E Co., Ltd. (hereinafter “E”), and the Defendant was a representative director of C (hereinafter “C”).
D is the representative director of F Co., Ltd. (hereinafter referred to as “F”).
The said sum shall be deposited in the return key by no later than May 4, 2018, 30 million won cash custody certificate (Won 30,000,000).
FD (Official Seal of Representative Director of F.S.) No. 30 April 2018, D (Resident Number B) Corporate Bank (Account Number) B
B. On April 30, 2018, the Plaintiff transferred KRW 30 million to the Defendant’s account (hereinafter “the instant money”) via the Defendant’s account.
The Plaintiff holds a cash custody certificate (No. 2, hereinafter “the cash custody certificate of this case”) with regard to the money of this case as follows:
C. On January 31, 2018, C entered into a contract for the supply of goods from E to US$ 27,360.00.
On June 8, 2018, the Plaintiff received KRW 4 million from the H’s account.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 7 (including paper numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. Plaintiff 1) Upon receiving a request from the Defendant to lend money to the Defendant for the repayment of goods C, the Plaintiff lent the instant money to the Defendant. (2) Even if the Defendant is not a party to the lending agreement on the instant money, the Defendant stated the Defendant’s account number and name in the cash custody certificate of this case, and the Defendant received the instant money into his account, and thus, is liable for the guarantee liability or the nominal lender.
3) The Defendant, as the representative of C, was in a partnership relationship with D, and thus is jointly and severally liable with D to repay the instant money. B. Defendant 1 did not borrow the instant money from the Plaintiff.
The instant money is F and D.