1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. The Defendant is the co-defendant B of the first instance trial (hereinafter “B”), and the Plaintiff was an employee of D Mart.

(b) Dart has registered its business under the name of the Defendant.

C. On September 9, 2013, the Plaintiff: (a) determined KRW 50,00,000 from B as the maturity date on May 30, 2014; and (b) the interest rate on 2% (payment on May 10, 2014); and (c) was drafted and issued with a loan certificate stating that the principal guarantee is preserved from the assets of the marina premium including D Mart deposit in the name of the Defendant (hereinafter “the instant loan certificate”).

On September 9, 2013, the Plaintiff transferred KRW 50,000,00 to an account under the name of D Et (C) established by the Defendant.

E. On June 13, 2014, the Plaintiff: (a) additionally lent KRW 7,00,000 to the due date set as of June 30, 2014; and (b) received a certificate of loan stating the foregoing details from B.

F. The Plaintiff received interest on loans from the Defendant by April 15, 2014, and appropriated KRW 3,000,000, out of the amount received from the Defendant on October 20, 2015, to the interest rate until July 15, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff and the Defendant jointly operated D Mart lent KRW 50,00,000 to the Defendant and the Defendant received the instant loan certificate from them. As such, the Defendant is jointly and severally liable with the Co-Defendant B of the first instance trial to repay the instant loan. At least, as the Defendant had shown its business appearance by using the name in the operation of B, such as registering the business under his own name and managing D Mart-related accounts, etc., the Defendant bears the responsibility of the nominal lender under Article 24 of the Commercial Act. (2) The instant loan certificate is written as the lender and the Defendant is not written as the obligor or guarantor.

And the defendant.