대여금등
The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
judgment of the first instance.
1. The plaintiff's assertion
A. In September 2008, the Plaintiff paid KRW 10 million to the Defendant as a check at the end of the same month, and lent KRW 30 million in total to the Defendant as at the end of the same month.
B. The Plaintiff purchased a vehicle to the Defendant, and the Defendant received a loan of KRW 20 million as security, and the Plaintiff paid a loan of KRW 20 million on behalf of the Defendant.
C. The Defendant agreed to purchase the household appliances to the Plaintiff and pay the price for the household appliances on the face of the Plaintiff, and the Plaintiff purchased the household appliances in the amount of KRW 5 million to the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 30 million, subrogated payment of KRW 20 million, and KRW 55 million in total, and delay damages for the household appliances.
2. Determination
A. The Plaintiff delivered the Defendant a sum of KRW 30 million in face value over two occasions in September 2008, and the Plaintiff purchased CDr vehicle under the name of the Defendant; the Plaintiff thereafter paid KRW 20 million in loan secured by the above vehicle under the Defendant’s name; and the Plaintiff’s assertion as to the fact that the Plaintiff purchased the provisional product to the Defendant is not clearly disputed.
B. Furthermore, as alleged by the Plaintiff, whether the Plaintiff’s issuance of the above check and the Plaintiff’s burden of paying funds and household bills for the repayment of the loan was made on the ground of the legal relationship acknowledged as responsible for the Defendant’s repayment, such as lending, etc., as alleged by the Plaintiff, and each of the items stated in the evidence Nos. 1 and 3, which appears consistent therewith, is difficult to believe that the above documents were unilaterally made by the Plaintiff, and it is difficult to accept them as they are. There is insufficient evidence to acknowledge them otherwise.
Rather, in addition to the purport of the entire argument, the Plaintiff supports the Defendant’s entertainment activities.