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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Basic facts
A. On May 29, 2014, the Plaintiff lent KRW 25,000,000 to C who worked as an employee of the said company to the Defendant’s account in a de facto marital relationship (hereinafter “instant loan”) (hereinafter “instant loan”), and received KRW 5,00,000 from C, among them.
B. Upon C’s request, from June 14, 2014 to August 11, 2014, the Plaintiff remitted the sum of C’s benefits of KRW 9,00,000 to the instant account. From September 15, 2014 to June 15, 2015, the Plaintiff remitted the sum of C’s benefits of KRW 29,086,790 to the account in the name of E, a parent of the Defendant.
C. On September 20, 2016, C was sentenced to imprisonment with prison labor for 6 months, suspension of execution for a period of 2 years, and a two-year suspension of execution for a crime of fraud, which follows that “A, at the time of borrowing money, had exceeded KRW 100,000,000, had not any other property and had no intent or ability to repay the money even if it borrowed money from the Plaintiff without any other property. In fact, C, even if it borrowed money in order to repay personal debts, by deceiving the Plaintiff to lend money under the name of security deposit, and acquired it by deceiving the Plaintiff to receive money from the Plaintiff for 25,000,000 won as security deposit,” and the above judgment
(C) No. 2,3, 6, and 7 of the Changwon District Court's Jinju Branch 2016Kadan648). 【Ground for Recognition】 has no dispute, Gap's evidence No. 2, 3, 6, and 7, and Eul's evidence No. 6,
2. The plaintiff's assertion
A. In the first place, C borrowed the instant loan from the Plaintiff under the name of the deposit money for the house in which the Defendant would reside with the Defendant, and this is due to the lending of daily home affairs, and the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 20,000,000 (=the instant loan KRW 25,000,000 - the repayment of KRW 5,00,000).
B. Preliminaryly, C bears the Plaintiff’s obligation to provide loans of KRW 20,000,000,000 to the Defendant by means of transferring its own benefits to the account in the name of the Defendant or the Defendant’s father’s wife.