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 Plaintiff transferred 100 million won to the bank account under the name of the Defendant, the wife of Codefendant C upon a request for the lending of money from Codefendant C in the first instance trial, and 200 million won on December 27, 2007, and delivered 100 million won to C on January 14, 2008.

B. Co-defendant B, Ltd. in the first instance trial, on August 18, 2008, 400 million won in total to the Plaintiff on the same year.

9. Until 16. The co-defendant C and the first instance trial co-defendant D agreed to repay up to 16.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 4, purport of whole pleadings]

2. Determination of the parties' arguments

A. The plaintiff alleged by the parties that the plaintiff transferred money to the account under the name of the defendant to the defendant was used for the personal purpose of the defendant or remitted money to another account under the name of the defendant, and the defendant is obligated to pay the above loan 400 million won as the principal debtor, and not so

Even if the defendant guaranteed the above loan 400 million won on August 10, 2009, and the defendant asserted that he is liable to pay it as the guarantor, the defendant only lent the account under his name to C, and did not borrow the above 400 million won from the plaintiff. The plaintiff declared his intention of guarantee on the above loan on the condition that the repayment period of the above loan should be delayed until November 30, 2009, and the plaintiff refused or refused the defendant's request for the guarantee of his child.

Even if the defendant's declaration of intent of guarantee does not take effect due to the non-performance of the condition because the period of repayment has not been postponed until November 30, 2009, the defendant does not assume the responsibility to guarantee the above loan 400 million won.

(B) The defendant argued that he would express his intention of guarantee under the condition that he will suspend the prosecutor's investigation from the first instance court to November 30, 2009.

Judgment

The fact that the Plaintiff remitted 300 million won to the account under the name of the Defendant was earlier.