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 judgment of the court of first instance.
1. The reasoning of the court of the first instance’s explanation concerning this case is as stated in the reasoning of the judgment of the first instance, except for the addition of the corresponding parts as follows. Thus, this is cited by the main sentence of Article 420 of the Civil Procedure Act.
2. The addition;
A. Subsequent to the 4th sentence of the first instance judgment, the following is added.
“(On the other hand, the Plaintiff asserted that, at the time of the preparation of the loan certificate in this case, the Defendant expressed that “The Defendant is a joint and several surety for the loan debt in this case and that B consents to the conclusion of the joint and several surety contract as the Defendant’s representative,” but there is no evidence to acknowledge it).
B. The following is added to the fourth, fourth, and fifteenth of the judgment of the court of first instance.
In addition, the plaintiff asserts that the defendant remitted 31,200,000 won to the plaintiff and confirmed the agency act of B by repaying part of the debt of this case. However, in light of the circumstances of this case as seen earlier, the plaintiff seems to have remitted the above 31,20,000 won to the plaintiff using the defendant's account under the name of the defendant. Further, in addition, considering the fact that the plaintiff argued that the plaintiff did not have received all the debt of this case, the above assertion is without merit."
3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. Since the part against the defendant in the judgment of the court of first instance is just in conclusion, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.