beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The following facts may be found either in dispute between the parties or in each entry in the evidence Nos. 1 and 5, with a comprehensive consideration of the whole purport of the pleadings:
The defendant completed business registration with the trade name of "C", and conducts a secondhand trade business, and the plaintiff served as a secondhand motor vehicle with the above "C".
B. The Plaintiff, while working for the above “C”, purchased the vehicle from the Plaintiff’s funds, purchased the vehicle from the Defendant with the borrowed funds, and completed the transfer of ownership in the name of the Defendant with respect to the relevant used vehicle, and acquired the remainder after deducting the purchase fund, commission, and various expenses from the sale price. In the event the Plaintiff borrowed the borrowed funds from the Defendant, the Plaintiff sold the borrowed funds directly purchased by the Plaintiff, and appropriated the proceeds from the borrowed funds to pay the loan and the interest claim, if the Plaintiff fails to repay the borrowed funds within the due date.
C. The plaintiff filed a lawsuit against the defendant for confirmation of the non-existence of the loan debt with Sungwon District Court. The defendant respondeds to the lawsuit for confirmation and filed a counterclaim against the plaintiff to seek the payment of the loan debt. On January 20, 2016, the above court rendered a judgment that "the plaintiff shall pay to the defendant 97,00,000 won and interest calculated at the rate of 20% per annum from June 17, 2015 to the date of full payment." [the plaintiff's claim is dismissed.] [the defendant's claim is dismissed, Kuwon District Court 2014, 208954, 2035, 203543 (Counterclaim), hereinafter referred to as "the related judgment of this case"), and the plaintiff appealed to the Seoul High Court on January 12, 2017, the above court dismissed the plaintiff's appeal in accordance with the Seoul High Court Decision 2016Na2015261565 (No. 20165, 20165)]