beta
Text
1. The plaintiff's appeal against the defendant (appointed party) B and the appointed party C is dismissed in entirety.
2.In addition, a new trial shall be added.
Reasons
1. Determination as to the Plaintiff’s claim for loans against the Defendants
A. On June 17, 2015, the Plaintiff asserted that: (a) transferred KRW 10,000,000 to the bank account of D upon the request of D and E for monetary lending; (b) around June 18, 2015, the following day, the Plaintiff received each certificate of the name of D’s “land owner”; and (c) the Defendant received each of the investment request and the Defendants’ respective certificates of the seal impression in the name of D’s agent. The Defendants are jointly and severally liable to pay the Plaintiff the above loan amount of KRW 10,00,000,000 and delay damages.
B. On the other hand, even according to the Plaintiff’s assertion, the Plaintiff transferred the above KRW 10,000,000 to D’s account upon the request for monetary lending from D and E, and following the date, received a written investment request and a certificate of seal impression prepared by the Defendants from D. The evidence submitted by the Plaintiff alone cannot be deemed to have concluded a monetary lending contract between the Plaintiff and the Defendants on the above KRW 10,000,000, and there is no other evidence to acknowledge otherwise.
Therefore, the Plaintiff’s claim for the above loan against the Defendants is without merit.
2. Determination as to the claim for the agreed amount against Defendant B, which the Plaintiff had selected at the trial of the party,
A. According to the overall purport of evidence Nos. 4, 10, and 3 as well as evidence Nos. 4, 10, and 3, Defendant B prepared a cash custody certificate to pay KRW 10,000 per week to the Plaintiff on December 15, 2015, and the Plaintiff’s cancellation of the provisional attachment registration of this case on November 10, 2015 by cancelling the registration of provisional attachment in the Plaintiff’s name, which was completed pursuant to the receipt No. 10171 on November 10, 2015 (hereinafter “registration of provisional attachment”). The Plaintiff may recognize the fact that the provisional attachment registration of this case was cancelled on December 16, 2015 according to the said cash custody certificate.
According to the above facts of recognition, Defendant B.