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. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2 as to the cause of the claim, the Defendant prepared, on February 23, 2015, the loan certificate (hereinafter “the loan certificate in this case”). On the last day of March from March 2015 to September, 2015, that the Plaintiff paid in installments the loan amount of KRW 170,000,000,000 (10,000,000,000,000,000,000 won) as of the last day of each month from March 23, 2015, and C signed and sealed the loan certificate in this case as a surety. The Defendant asserted that the evidence Nos. 1 and 2 was written

According to the above facts of recognition, barring any special circumstance, the defendant is jointly and severally liable with C to pay to the plaintiff 170 million won of the borrowed amount and damages for delay at the rate of 15% per annum from February 2, 2016 to the day following the day of complete payment, which is the day after the delivery of the copy of the complaint of this case filed by the plaintiff, which is the day after the due date for payment of the contract.

2. Judgment on the defendant's assertion

A. (i) The Defendant’s passbook, instead of the corporate passbook of the Plaintiff Company D, was used for the above company’s business purpose in lieu of the claim on the investment money and the act of receiving the investment funds from the Plaintiff as the deposit account in the name of the Defendant.

Therefore, the defendant did not borrow money from the plaintiff, and the above investment amount is null and void because it constitutes an act of receiving money without delay. Thus, the loan certificate of this case agreed to be returned also has no validity

Even if borrowed, unlike the amount stated in the instant loan certificate, the amount actually borrowed from the Plaintiff is KRW 110 million and the remainder is the amount paid by F and G.

According to the evidence Nos. 1, 2, and 4, the facts charged by the defendant and E on charges of violating the Act on the Regulation of Fraud and Unauthorized Receipt of Contracts, etc. upon the plaintiff's criminal complaint, the amount of damage suffered by the plaintiff is 10 million won.