대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The reasons for the court's explanation concerning this case are as follows: "charges 19,240,050" in Part 2, 2, 11 of the judgment of the court of first instance; "19,240,050 won" in Part 13; "119,250,050 won" in Part 13; "loan 10" in Part 4, 10 was leased; and the reasons for the judgment of the court of first instance are as stated in the part of the judgment, except for adding the following judgments as to the matters alleged in the court of first instance, and thus, they are cited as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. 1) The defendant asserts that the plaintiffs deposited 63,038,539 won of debt, such as the instant contribution, to the non-party union instead of the defendant, and that unless the actual deposit is made, it cannot be deemed that the plaintiffs provided the above money to the defendant. 2) However, since a loan for consumption under the Civil Act is a so-called abortion contract which takes effect when one of the parties agrees to transfer the ownership of money and other substitutes to the other party and agreed to return them in the same kind, quality, and quantity, the loan for consumption is not established only when the money is given to the other party (see Supreme Court Decision 90Da14652, Apr. 9, 191), and the testimony of the witness G of the first instance court is insufficient to acknowledge that the agreement between the plaintiffs and the defendant was made to directly pay or deposit the money to the non-party union, and there is no evidence to acknowledge that the above plaintiffs received the above contribution from the non-party 3 and the defendant as a debt of this case.