beta
Text
1. The plaintiff's appeal against the defendant B and the defendant C's appeal are all dismissed.
2. The plaintiff and the defendant B.
Reasons
1. The following facts may be acknowledged either as a dispute between the parties or as a whole in light of the purport of the entire pleadings in Gap evidence Nos. 1, 4, and 1 and 2:
Defendant C is the father of Defendant B.
B. From December 20, 2007, Defendant C used the DNA bank account (Account Number E; hereinafter “instant account”) in Defendant B’s name from December 20, 2007, and the Plaintiff wired KRW 11.4 million to the instant account on January 21, 2010.
2. The assertion and judgment
A. The plaintiff's assertion 1) The summary of the plaintiff's assertion was sought to refuse to lend money from the defendant C on January 21, 2010 upon the request of the plaintiff C, but the plaintiff sought the word "the money to be used by the defendant C" and confirmed it by telephone, and then remitted the above KRW 1.4 million to the account in the name of the defendant B. Since the plaintiff lent the above KRW 1.4 million to the defendants, the defendants are obligated to pay the above KRW 11.4 million and its delay damages to the plaintiff. 2) The summary of the defendants' assertion that the defendant C received the above passbook and the seal connected to the account in this case from the defendant C on December 207, 207, and written a password on the back of the passbook. The plaintiff used the above passbook and the seal and transferred the above KRW 11.4 million to the account in this case by the plaintiff 14 million, and the defendant did not borrow the above KRW 1.4 million from the plaintiff 14 million.
B. The following circumstances, i.e., ① the witness F loaned money to the Plaintiff at the court of first instance in the court of first instance, and the Plaintiff rejected that money was not money for the first time.
However, the purport of Defendant C’s speech that it is necessary money to Defendant B, who is his child, and then telephone conversations with Defendant B to the effect that “Neman is used.”