Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. On July 2018, the Defendants asserted that the Defendants contracted to D, a construction business operator, the filling-up of land E in the old-si Si, the Gu-si, the Defendant B owned (hereinafter “instant construction”).
D The Plaintiff proposed a mid-term loan necessary for the instant construction project, but it was anticipated that the Plaintiff would not receive a mid-term loan from D and thus refused it.
The Defendants promised to pay the mid-term rental fee directly to the Plaintiff, and requested the Plaintiff to lend the mid-term rental fee.
(hereinafter “instant undertaking”). Accordingly, the Plaintiff invested a heavy flag from December 10, 2018 to December 17, 2018, and participated in the instant construction.
Therefore, according to the instant promise, the Defendants are obliged to pay the Plaintiff the mid-term rental fee of KRW 14,795,000 and the delay damages therefor.
2. The testimony of Gap evidence Nos. 4-1 (F witness statement) and Gap evidence Nos. 5 (Recording) and F of the first instance trial witness F, which correspond to the plaintiff's assertion that there was the instant promise, are difficult to believe in light of the respective descriptions of evidence Nos. 1 through 11 and the purport of the whole pleadings.
The remainder of the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants had carried out the instant undertaking, and there is no other evidence to acknowledge that the Defendants were liable to pay the mid-term rental fee.
Therefore, the plaintiff's assertion is without merit.
3. If so, the plaintiff's claim against the defendants should be dismissed in entirety as there is no reasonable ground.
The judgment of the first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.