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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Summary of the parties' arguments;
A. The Plaintiff Co-Defendant C of the first instance trial (hereinafter “C”) requested the Defendant to lend KRW 40,000,000 to the Defendant, and the Plaintiff received KRW 40,000 from the Defendant’s heart on February 7, 2012 and gave KRW 40,00,000 on the same day to C, and did not bear any obligation against the Defendant in relation to the said money. However, the Defendant is disputing this, and thus, the Plaintiff sought confirmation that there is no obligation, such as the description in the purport of the claim against the Defendant.
B. Around February 2012, the Defendant loaned interest of KRW 40,000,00 to the Plaintiff on a monthly basis, and two months after the due date. However, the Plaintiff did not repay the above loan after the due date. After May 7, 2012, the Defendant, along with the Plaintiff, lent the loan to the Plaintiff on May 7, 2012, with each agreement made between the Plaintiff and the Plaintiff on June 7, 2012, at KRW 30 per annum, with the interest rate of KRW 44,00,000 to the Plaintiff on May 7, 2012, and the due date on June 6, 2012. When the Plaintiff delays the payment of the above loan and the interest, the Defendant entrusted the Plaintiff with the preparation of a notarial deed of money loan agreement (hereinafter “notarial deed of this case”) to the effect that the Plaintiff is not dissatisfied with the compulsory execution, and the Plaintiff bears the original copy of the notarial deed of this case.
2. In full view of each of the statements in Eul evidence Nos. 3, 8, 9, 10, and 11, the plaintiff borrowed KRW 40,000 from the defendant around February 2, 2012 and again lent it to C. The plaintiff was urged to pay the principal and interest of the loan by the defendant. On May 7, 2012, the plaintiff entrusted the defendant with the preparation of a notarial deed on a monetary loan contract with the defendant as well as the defendant, and on the same day, the notarial deed of this case was made by the law firm friendly.