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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
The purport of the claim and appeal is the purport of the appeal.
Reasons
Basic Facts
Defendant B is a person running a restaurant business (hereinafter “instant restaurant”) in the name of Defendant C, which is the name of “E” in the name of Defendant C, which is an son in the area of Sungnam-si, Sungnam-si, and F is the husband of Defendant B and the father of Defendant C.
Between August 28, 2013 and May 16, 2016, the Plaintiff, as indicated in attached Table 1, remitted the sum of KRW 84,540,000 (hereinafter referred to as “Plaintiff’s remittance amount”) out of the Plaintiff’s bank account to Defendant C’s bank account from August 28, 2013 to May 16, 2016 (hereinafter referred to as “the amount of remittance”) and the sum of each of the above amounts was remitted (as indicated in attached Table 1, 4, and 6), and between September 27, 2013 and December 27, 2016, Defendant C’s four bank accounts totaled KRW 73,580,000 (hereinafter referred to as “the amount of remittance from the above details”) from the Plaintiff’s bank account to the Plaintiff’s bank account, and each of the above amounts was collectively remitted.
(B) On March 21, 2017, Defendant B prepared a certificate of borrowing (hereinafter “the instant certificate of borrowing”) stating that “the Plaintiff borrowed KRW 24,360,000 as the Plaintiff’s obligee, and the Plaintiff paid the borrowed amount to July 30, 2017.” At the time, Defendant B entered the name and signature of Defendant F in the “debtor” column for the said certificate of borrowing as the agent of Defendant C.
(A) 【No. 8’s ground for recognition” (Evidence. 8) 【No. 1, 2, 4 through 8, 1 through 6, and 1 through 6, the Plaintiff alleged by the parties to the determination as to the overall purport of the pleadings, and the cause of claim as to the overall purport of the pleadings, the Plaintiff lent to the Defendants a total of KRW 52,040,000 (hereinafter “instant loan”) by remitting the Defendants to the Defendant’s account under the Defendant’s name, such as the Plaintiff’s remittance statement in subparagraphs 4 through 9, on six occasions from July 14, 2014 to February 15, 2016.