Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, in addition to the parts which are used or added by the court of first instance, and thus, it is acceptable to accept this as it is in accordance with the main sentence of Article 420 of the
[Supplementary or supplementary parts] Nos. 19, 20, and 1 through 3 of the first instance judgment shall be conducted as follows.
A. In light of the following circumstances, it is reasonable to view that the instant amount was not directly lent by the Plaintiff to the Defendant, but rather directly leased by the Plaintiff to the Defendant, considering that the Plaintiff’s actual operator D borrowed the construction machinery owned by the Plaintiff as security against C from the bond business operator, and the Plaintiff borrowed money from the bond business operator D to the Defendant on behalf of C, in consideration of the following circumstances:
On the third page of the first instance judgment, the following shall be added to the following:
4) On August 12, 2013, the Plaintiff received KRW 174,507,186 from Hyundai Construction Co., Ltd. in the B2B connected loan prior to transferring the instant money. The Plaintiff made a dismissal of KRW 174,507,186 as “5” in the first instance judgment. On the 5th page 5 of the first instance judgment, the following is added (as seen earlier, the instant money was received by the Plaintiff and the construction cost was lent to the Defendant.
2. The judgment of the court of first instance is just, and the defendant's appeal is dismissed.