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1. The part against Defendant C as to the conjunctive claim among the part against Defendant C in the judgment of the first instance shall be revoked, and that part shall be revoked.
Reasons
1. Determination of “1. Recognition” from “1. Recognition” to “2. Grounds for Claim” in the reasoning of the judgment of this Court in this Court;
3. Until "Determination on the defendants' assertion and defense", part of the part of the second-class 17 through 12 of the judgment of the court of first instance other than the part of the 19th 12th 19th sony is identical to the corresponding part of the judgment of the court of first instance, and therefore, it shall be accepted by the main sentence of Article 420 of the
(However, the parts related to Defendant D and E Co., Ltd. in the first instance trial are excluded).
Part III through XI of the decision of the court of first instance shall be written in the following manner:
A person shall be appointed.
B. During the period from September 25, 2002 to January 7, 2004, the Plaintiff et al. paid a total of KRW 989,50,000 (see the evidence No. 20-1 to 10) to Defendant B under the pretext of investments in the apartment business located in Daegu and the business of operating the sports center of this case.
A person shall be appointed.
(b)the following shall be added between conduct 11 and 12 of the sixth decision of the first instance.
Meanwhile, the defendants asserted that the payment agreement of this case constitutes a kind of quasi-loan contract where the parties agree to make the object of a loan for consumption with respect to the existing claim and obligation arising from the investment of the plaintiff et al. against the defendant B, and that the plaintiff did not prove that the existing obligation, which was the basis of the preparation of the payment agreement of this case, exists as quasi-loan contract, and therefore, the plaintiff did not prove that the existing obligation, which was the basis of the preparation of the payment agreement of this case
In a case where both parties are liable to pay money, or any other substitutes, not by a loan for consumption, the quasi-loan for consumption is established at the time when the parties agree to make the subject matter the object of a loan for consumption, and it is a contract extinguishing the existing obligation and establishing a new obligation. However, up to the trial of the Defendants.