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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
On August 26, 2011, Co-Defendant C of the first instance trial (hereinafter referred to as “C”) asked the Plaintiff to lend the name of the lender because it is good credit to the Plaintiff in order to obtain a loan from the Hyundai Capital Capital to make a installment payment for the purchase price of the automobile, and then sell it to a third party.
Accordingly, on August 26, 201, the Plaintiff purchased a 39,000,000 won loaned from the Hyundai Capital Capital, and purchased the Da K7 used vehicle, and C acquired the said vehicle and sold it to a third party.
On September 3, 2011, the Defendant and C drafted to the Plaintiff a letter stating that “The Defendant and C jointly and severally made payment to the Plaintiff for KRW 41,50,000 for the installment payments of the Plaintiff’s name on the 25th day of each month to the Plaintiff on the 36th day of the Plaintiff’s passbook, and that “the Plaintiff shall make payment to the Plaintiff in full immediately if the grounds for the maintenance of the said part of the vehicle are in arrears even during one month or if the said grounds for the maintenance of the said part
[Ground of recognition] In light of the above facts without any dispute, Gap evidence Nos. 1, 2, 4, and 5, and the whole purport of the pleading, the defendant is jointly and severally liable to pay 38,500,000 won calculated by deducting 3,00,000 won paid by the plaintiff among the agreed amount No. 41,50,000 won, and damages for delay at the rate of 20% per annum as stipulated by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 16, 2014 to the day of full payment, which is the delivery date of a copy of the complaint of this case sought by the plaintiff.
(A) The defendant asserts that the plaintiff did not actually borrow money from the plaintiff, but the defendant is liable to pay the agreed money in accordance with the letter of each of the instant cases. Regarding the defendant's defense, the defendant, along with the plaintiff, would sell the vehicle delivered by C to the defendant for which payment was made for Hyundai Capital, and lend money to the defendant.