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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. The Defendant and C husband and wife paid a deposit of KRW 70 million to the Defendant and leased and live in the name of the Defendant. On October 20, 2009, the Defendant determined that the F apartment No. 102, 1804, located in Gangseo-gu Seoul Metropolitan Government E from October 20, 2009 to November 29, 200, and the period from November 30, 2009 to November 29, 201.
In concluding the above lease contract, the Defendant paid the down payment of KRW 20 million on the day, and the remainder of KRW 180 million on November 30, 2009.
B. The Plaintiff has invested in C’s business and lent money several times. Upon C’s request for a loan, the Plaintiff remitted KRW 40 million to C’s deposit account on November 10, 2009.
C. After that, C requested the Plaintiff to lend money on the ground that the balance of the above lease deposit is insufficient, C borrowed money. On November 30, 2009, the Plaintiff remitted KRW 25 million to the Defendant’s deposit account.
C On November 30, 2009, C prepared a certificate of borrowing that “The Plaintiff borrowed KRW 91,300,000 from the Plaintiff, repaid the principal and interest on February 10, 2010, and paid interest at 8% per annum.”
The above KRW 90,1300,000 lent by the Plaintiff includes KRW 65 million.
E. C asked G and H to lend money in order to raise a short lease deposit.
Accordingly, G remitted KRW 100 million to C’s deposit account on November 30, 2009, and C remitted KRW 90 million among them to D.
H transferred KRW 20 million to C’s deposit account on the same day, and C remitted KRW 20 million to D.
C On December 4, 2009, the moving-in report was made to the above leased house and resided together with the Defendant.
F. C reported on January 21, 2013 that the Seoul Southern District Court 2012Kao6550, which was held on January 21, 2013, that the Defendant’s name was KRW 230 million (including loans 153 million) in the process of property specification.
However, the above loans occur after the lease contract.
recognized.