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1. The part against Defendant B among the judgment of the first instance is revoked, and the plaintiff's claim corresponding to the revoked part is filed.
Reasons
1. Basic facts
A. The Plaintiff remitted total of KRW 15.3 million to Defendant B’s deposit account (hereinafter “the instant money”) as indicated below.
B B (loan) KRW 3.5 million on June 3, 2008, 2000,000 won on July 5, 2007, KRW 10 million on June 3, 2008, KRW 3.5 million on October 30, 2008 (Loan) B (Loan) on November 1, 2008
B. On July 4, 2007, Defendant C prepared a loan certificate in the name of E (hereinafter “the instant loan certificate”) to the Plaintiff on the condition that “A Co., Ltd. (hereinafter “E”) borrowed KRW 10 million from the Plaintiff at interest rate of 4% per annum, 66% per annum, and as of January 4, 2008 on the date of maturity for payment,” and Defendant C asserted that the Plaintiff prepared and gave the instant loan certificate to the Plaintiff, and the Plaintiff used it as a preparatory document on July 17, 2019;
Defendant D, registered as the representative director of E at the time, completed the registration of creation of a mortgage over KRW 10 million in the name of the Plaintiff with respect to his F vehicle.
(Ground for recognition: Facts without dispute, Gap evidence 1 through 4, Eul evidence 1 (including each number), the whole purport of the pleadings.
2. Summary of the parties’ assertion
A. (1) In the first place, the Plaintiff lent the instant money to Defendant C and B at 4% per annum, and Defendant D jointly and severally guaranteed the said loans to Defendant C and B. Thus, the Defendants are jointly and severally liable to repay the said money to the Plaintiff with the loan.
(2) Preliminaryly, Defendant C and B committed an illegal act of fraud, which borrowed KRW 15.3 million from the Plaintiff without the Plaintiff’s ability to repay and without the intention to repay, and Defendant C and B assisted the above illegal act by providing the Defendant C with a passbook under their name. As such, Defendant C and B are liable for tort.
(3) Preliminaryly against Defendant D, Defendant D is the representative director of Defendant E, and the instant loan certificate was made in the name of the said company.