1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

On July 1, 2010, the Plaintiff transferred KRW 6,000,000 to the E-name account under the name of D, his father and wife.

On October 25, 2011, the Plaintiff filed a lawsuit against E seeking the return of loan amounting to KRW 6,000,000 (Seoul Daejeon District Court Decision 201Na6097, Hongsung Branch Court 201). The Plaintiff appealed ( Daejeon District Court 201Na5733), but the said judgment became final and conclusive on November 17, 2012, upon receiving a judgment dismissing the appeal on October 18, 2012.

(hereinafter “Related Civil Procedure” (hereinafter “Related Civil Procedure”). Inasmuch as there is no dispute, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 2, and the Plaintiff’s assertion as to the ground of claim as to the whole of the pleadings, the Plaintiff deposited KRW 6,00,000 in the passbook in the name of E at the Defendant’s request. In the related civil procedure, the Defendant testified that C, who operated the Defendant and “G” jointly with the Defendant, used the above money as the price for goods, the Defendant is jointly and severally liable to return the above KRW 6,00,000 to the Plaintiff.

Defendant C requested the Plaintiff to lend KRW 6,00,000 to the Plaintiff, and it is merely a fact that C used the passbook in a de facto marital relationship with the Defendant because C was a bad credit holder, and the Defendant did not borrow the above money from the Plaintiff.

Therefore, the defendant is not obligated to return the above money to the plaintiff.

In cases where an actor entering into a relevant legal doctrine performs a legal act in the name of another person, who is the party to the contract between the actor and the other party shall first be determined as the party to the contract in accordance with the consent of the actor. If the actor and the other party fail to agree, the other party shall be reasonable in accordance with the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract.