1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. C (son) who is the spouse of the Plaintiff and D (son) who is the spouse of the Defendant is one-way relationship.

B. On November 29, 2012, the date on which the Plaintiff prepared the loan certificate (hereinafter “the instant loan certificate”) stating that “The borrower borrowed KRW 70,000,000 from the Plaintiff and the due date for payment shall be November 29, 2017.”

[Ground of recognition] Unsatisfy, Gap evidence 1-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) Defendant and D jointly run a concrete pumps business, and during that process, the Defendant and C have used a card borrowed in the name of the Plaintiff and C for the purchase of goods, etc. or paid the card amount later claimed after using the card loan and short-term card loan. Since November 2012, the card amount was not paid from November 201, 201, the Defendant issued a loan certificate representing KRW 77,037,160 as the representative of the Defendant’s husband and wife as the card amount to KRW 70,000,000, which constitutes a quasi-loan contract. The Defendant is obligated to pay KRW 70,000,000 to the Plaintiff under the above quasi-loan contract. In addition, the Defendant, as D and C, used the card in the name of the Plaintiff and C for the above business expenses, or settled for hospital expenses, meal expenses, etc., and the aggregate amount exceeds KRW 70,000,00.

Therefore, pursuant to Article 57(1) of the Commercial Act or Article 832 of the Civil Act, the Defendant shall pay the Plaintiff KRW 70,000,000.

B. 1) In order to establish a quasi-loan for consumption between the Plaintiff and the Defendant, a quasi-loan for consumption should have the existing obligation aiming at money or any other substitute, and the parties to the existing obligation should agree that the subject matter of the loan for consumption is the subject matter of the loan for consumption (see Supreme Court Decision 2001Da2846, Dec. 6, 2002).