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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The parties' assertion
A. The Defendant requested the Plaintiff to lend money several times to the Plaintiff under the pretext of raising funds, such as tax issues of “C” operated by the Plaintiff, and dormitory expenses, etc. for workers. The Plaintiff, from September 2015 to February 2016, borrowed KRW 32,500,000 in total, and received reimbursement of KRW 22,80,000 among them. Even if D, other than the Defendant, borrowed the above money under the name of its own business operator, the Defendant is liable for the nominal lender under the Commercial Act. The Defendant is obligated to pay to the Plaintiff the remainder of KRW 9,70,000 (=32,50,000 - 22,80,000), and damages for delay.
B. The Defendant did not borrow money from the Plaintiff, but the Defendant lent the name of the business operator of the “C” and its account to D.
If the nominal lender is liable to the other party to the transaction, the other party should be mistaken for the other party to the transaction. However, the Plaintiff cannot be held liable to the Defendant because it was well known that the actual operator of the above business was D, not the Defendant.
2. Determination
A. According to the statement in Gap evidence No. 1, the plaintiff transferred a total of KRW 32,500,000 as indicated in the column, to C's account (the new bank E, hereinafter "the instant account") by the business chain in the defendant's name, and the fact that the plaintiff received KRW 22,80,000 as indicated in the following table through the above account is recognized.
Details of deposits: (a) KRW 5,00,000 on September 23, 2015; (b) KRW 2,200,000 on September 22, 2015; (c) KRW 5,00,000 on October 22, 2015; and (d) KRW 600,000 on December 7, 2015; (c) KRW 3,000 on December 3, 2015; (d) KRW 0.3,00,00 on June 3, 200; (e) KRW 0.0,000 on June 23, 200; and (e) KRW 6.0,00 on June 3, 200; and (e) KRW 13,00,000 on December 3, 200, 205; and (e) KRW 13,5,200,000 on May 3, 2013, 2015.