beta
(영문) 대전고등법원(청주) 2015.06.02 2014나2045

대여금

Text

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.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the relevant part of the reasoning of the judgment of first instance, except for an additional determination under paragraph (2) as to the Plaintiff’s assertion added in the court of first instance, and thus, it is citing it as it is in accordance with the main sentence of

2. Additional determination

A. The purport of the Plaintiff’s assertion B is that the Plaintiff’s business operator registered under the name of Defendant C, his father, had the Plaintiff operate the restaurant, and had the Plaintiff borrow money from the Plaintiff, and deposited the borrowed money into the Defendant C’s account. Defendant C withdrawn the borrowed money from the Plaintiff and consumed it with B.

Therefore, Defendant C is liable for joint tort against the Plaintiff. Therefore, Defendant C is jointly and severally liable with the Plaintiff to pay KRW 200 million and its delay damages to the Plaintiff.

B. It is difficult to view that Defendant C is liable for tort against the Plaintiff on the sole basis of the circumstances cited by the Plaintiff.

Plaintiff

The argument is without merit.

3. If so, the plaintiff's claim against the defendant is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion. Thus, the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.