1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. The Plaintiff, on May 11, 201, leased KRW 25,00,00 to the Defendant C and the Defendant, his/her spouse, at the rate of 15% per annum on December 31, 2016 and the interest rate of KRW 15%. As such, the Defendant is jointly and severally liable with C to pay the said loan and the damages for delay to the Plaintiff.

2. Comprehensively taking account of the overall purport of the pleadings, the Plaintiff deposited KRW 25,00,000 in the Defendant’s account on May 11, 2016, and C, on December 28, 2016, issued a loan certificate (hereinafter “the instant loan certificate”) stating that KRW 25,00,000 shall be due and payable on December 30, 2016, and delay damages shall be KRW 1.5% per month and borrowed from the Plaintiff (hereinafter “the instant loan certificate”). The Defendant around April 22, 2019, sent a text message to the Plaintiff to the effect that “if profits are made by paying the monthly salary, the Plaintiff shall be able to pay the Plaintiff’s money.” The Defendant, each of whom is the spouse, is recognized.

Comprehensively taking account of the above facts acknowledged, the Plaintiff merely lent money to C and deposited money into the Defendant’s account, and the Defendant did not sign and seal the instant loan certificate as the obligor, and the text message sent by the Defendant appears to the purport to deliver the fact that C is endeavoring to repay the borrowed amount. Thus, the Defendant cannot be deemed as the obligor for the obligation to repay the borrowed amount under the loan certificate of this case.

The plaintiff's claim against the defendant is rejected.

3. Thus, the plaintiff's claim against the defendant is dismissed as it is without merit. The judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.