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1. The part against the Defendants in the judgment of the court of first instance is revoked, and all of the Plaintiff’s claims corresponding to the revocation part are revoked.
Reasons
Basic Facts
Defendant B, the Seo-gu Daejeon Metropolitan City, which is Defendant C’s ownership, agreed to operate a singing room at Nos. 107 and 108 (hereinafter “instant shopping mall”). Defendant B asked the Plaintiff to lend funds necessary for the singing room. Accordingly, the Plaintiff agreed to lend the said singing room to the Plaintiff by the method of receiving the Plaintiff from Defendant B, instead of having the Plaintiff entrust the construction of the said singing room from his debtor, and on August 2003, Defendant B prepared a certificate of borrowing that Defendant B will pay the Plaintiff KRW 10,000,000 for the construction cost.
After that, Defendant B additionally borrowed KRW 2,00,000 in cash from the Plaintiff on September 2003 when the construction cost for singing room was insufficient, and around September 2003, Defendant B agreed to borrow KRW 6,00,000 from the Plaintiff on the purchase price for singing room, and agreed to pay that amount by the Plaintiff’s credit card.
Defendant B transferred the above singing to F around December 2003, and operated a restaurant from February 2004.
The Plaintiff received a request from Defendant B to lend funds necessary for the operation of singing rooms and restaurants, and from August 7, 2003 to June 3, 2004, the Plaintiff loaned KRW 22,185,000 in total to Defendant B by using the account in the name of G or H, the husband of the Plaintiff, as shown in the details of Defendant B lending from August 7, 2003 to June 3, 2004.
Defendant B was urged by the Plaintiff to repay the debt of the loan from the Plaintiff on January 2004 and borrowed KRW 20,000,000 from the Plaintiff to E on the basis of the contract on January 20, 2004 with respect to the commercial building of this case, the Daejeon District Court completed the establishment registration of mortgage E, the debtor C, the maximum debt amount of KRW 30,00,000 on the ground of the contract on January 27, 2004 by the Daejeon District Court No. 6482, Jan. 27, 2004. On the other hand, Defendant B, at the request of Defendant B, was represented by E, from the above KRW 20,000,00, as well as the cost of establishing the mortgage.