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1. Revocation of the first instance judgment.
2. The plaintiff's main claim is dismissed.
3. The plaintiff is the preliminary one at the trial.
Reasons
Basic Facts
The pertinent Plaintiff is operating a mutual business entity called “H” in Jung-gu Seoul Metropolitan Government G.
D In operating the I Co., Ltd., D carried out real estate development projects, such as new construction and sale of the J buildings, etc. in Seongbuk-gu, Sungnam-si.
The Plaintiff invested or lent to D (or I Co., Ltd.) an amount equivalent to KRW 5 billion.
On the other hand, the plaintiff asserts that D lent 5 billion won to D, D has invested the above money.
On November 2014, the Plaintiff requested D to “as to know whether to borrow money,” and D was able to lend money to the Defendant who borrowed money.
Accordingly, the defendant decided that he will receive a loan from Dong-in C.
On December 3, 2014, the Plaintiff prepared the Plaintiff’s loan certificate and receipt certificate and the Plaintiff issued it to C on December 3, 2014, stating that “The Plaintiff borrowed KRW 2 billion from C at an interest rate of 12% per annum and the due date of repayment on December 2, 2015.”
At the time D and the defendant signed the loan certificate as joint and several sureties.
On December 3, 2014, the Plaintiff issued to C a certificate of beneficial interest with respect to the development project of K and L located in Jung-gu Seoul Special Metropolitan City, Jung-gu as the first beneficiary with respect to each real estate for which the Plaintiff was in force as a security for the said loan.
On the other hand, C transferred KRW 2 billion to the Defendant’s account on December 2, 2014.
On December 4, 2014, the Plaintiff prepared a receipt stating that “A regularly received KRW 2 billion from C” and issued it to C via D.
On December 12, 2014, the Plaintiff drafted a loan certificate and the receipt receipt as of December 12, 2014, stating that “The Plaintiff will borrow 500 million won from C at an annual interest rate of 12% per annum and the due date of repayment as of December 2, 2015,” and issued it to C.
At the time D and the defendant signed the loan certificate as joint and several sureties.
C transferred KRW 500 million to the Defendant’s account on December 11, 2014.
The plaintiff is the same.