대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. Determination as to the cause of claim
A. On December 26, 2016, the Plaintiff remitted KRW 15 million to the Defendant at the Defendant’s request on December 26, 2016; the Defendant sent to the Plaintiff the same day the word “I must complete payment not later than January 30;” and the Plaintiff sent the word “I.5 million won” to the Plaintiff on the same day, without dispute between the parties; or is recognized by the purport of each of the entries and arguments in subparagraphs A and 2 and the whole pleadings.
B. According to the above facts of recognition, the Plaintiff loaned KRW 15,000,000 to the Defendant on December 26, 2016, with the due date set as January 30, 2017. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff a loan of KRW 15,00,000,000 and damages for delay.
2. Judgment on the defendant's assertion
A. On August 2016, 2016, the Defendant asserted that the Defendant: (a) entered into a contract with D to contract for the construction of the inspection (former FF) located in Gyeyang-gun E with the Plaintiff who was living together; and (b) C guaranteed D’s obligation to complete the construction under the above contract; and (c) D and C did not each receive the construction cost and the introduction fee from the Defendant.
D The construction will resume if it lends money after the discontinuance of the construction work, and the defendant requested the plaintiff to lend money to the plaintiff according to the recommendation of C, and received KRW 15,00,000 from the plaintiff and lent it to D.
Therefore, the Plaintiff, as a private interest of C, only remitted the said money to the Plaintiff’s passbook. Therefore, the Plaintiff is not a creditor of the instant loan.
B. As to who is a party to a contract where a person who enters into a contract renders a legal act in the name of another person, in which case the actor and the other party agree, first of all, the actor and the title holder shall be determined as the party to the contract as the same intent, and the intent of the actor and the other party is inconsistent.