1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The defendant is the father of D, and the plaintiff is the rejection of D's Chok-man E.

B. On January 10, 2013, the registration of ownership transfer was completed in the name of the Defendant on December 28, 2012 in the name of the Defendant on the K and the ground buildings, and the registration of ownership transfer was completed in the name of the Defendant on December 28, 2012 on the said building to be the location of the place of business.

C. At the time of completion of the business registration regarding Criju station, the Defendant opened a L Bank account in its name (Account Number M) with the Criju station’s operating account. On May 28, 2014, the Plaintiff deposited KRW 80 million with the above account under the Defendant’s name.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1-1-7 and the purport of the whole pleadings

2. The Plaintiff alleged that the above KRW 80 million was a loan and asserted the Defendant’s liability for reimbursement by asserting as follows.

We examine each argument below.

A. Part 1 of the argument that the Plaintiff is a party to a monetary loan contract is not clear, but appears to be responsible for the Defendant as a party to a monetary loan contract for consumption of money. 2) In addition, there is no evidence to prove the Defendant’s act consistent with the Plaintiff’s above argument. The Plaintiff asserted that the said money was deposited into the Defendant’s L bank account at the request of D, and it is difficult to ascertain whether the Defendant as a party to the contract was a party to the contract.

Therefore, the plaintiff's above assertion is without merit.

B. The Plaintiff asserted liability under Article 57(1) of the Commercial Act: (a) the Defendant operated a gas station with D and the same business; and (b) D borrowed the above money with the operating fund of the gas station; (c) the Defendant is jointly and severally liable for the payment of the said money pursuant to the said provision; (d) 2) Dop, A’s No. 2 (E’s factual confirmation of June 9, 2018); (e) No. 4 (financial transaction information submitted to the FF President of the court of first instance); and (e) 14 to the FF President of the court of this case.