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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is that of the judgment of the court of first instance, except for the following portions, and thus, it is acceptable to accept it as it is in accordance with the main sentence of Article 42
2. The appellate court's fifth to fifth is reversed as follows.
Even according to the Plaintiff’s assertion, the Plaintiff transferred KRW 15 million to Defendant C’s account on November 20, 200 upon Defendant B’s request, and there is no circumstance to deem that there was an agreement between the Plaintiff and Defendant C on a loan for consumption as of November 20, 2009, and the Plaintiff transferred KRW 15 million to Defendant C account pursuant to the loan agreement with Defendant B, and it is reasonable to deem that the Plaintiff is the Defendant B. Meanwhile, with respect to KRW 10 million (Evidence A7) as of February 21, 2011 alleged by the Plaintiff, the Plaintiff did not borrow from Defendant B, but rather borrowed from Nonparty D. The Plaintiff did not appear to have borrowed KRW 15 million from the loan (Evidence A7), and there is no reason to deem that the Plaintiff transferred the above loan from Defendant C’s loan to Defendant C account as of November 21, 2009, and there is no reason to deem that the Plaintiff transferred the loan from Defendant C’s loan to Nonparty 61.
On December 9, 2019, the Plaintiff withdrawn some claims in the preparatory documents submitted to this Court.
The Plaintiff, on December 28, 2009, lent to Defendant B the amount of KRW 8 million, KRW 20 million on January 25, 2010, and KRW 10 million on August 9, 2010, at 24% per annum.
Defendant B’s agreement with respect to the above loan amounting to KRW 35 million and with respect to the loan amounting to KRW 24% per annum from February 6, 2016 to the date of full payment, which is after the last interest payment date.