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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
Judgment of the first instance.
Reasons
1. Basic facts
A. The Codefendant C of the first instance trial (hereinafter “C”) requested D to lend five million won to the bank account under the name of the Defendant, and requested D to transfer the money. D transferred five million won to the bank account under the name of the Defendant on July 22, 2013 (hereinafter “the instant loan”).
At the time, the Plaintiff guaranteed the obligation to borrow the instant loan.
B. Since then, the Plaintiff subrogated to D on June 6, 2015, five million won of the instant borrowed money, according to D’s demand.
[Ground of recognition] The fact that there is no dispute, entry of Gap's evidence 1, partial entry of Gap's evidence 2, witness D's testimony and whole purport of pleading
2. The assertion and judgment
A. The Plaintiff’s assertion D lent the instant loan to the Defendant, who is the Plaintiff’s son, and at the time, C agreed to pay the instant loan jointly with the Defendant, and the Plaintiff guaranteed the instant loan repayment.
Since the Defendant and C did not repay the borrowed amount of this case, the Plaintiff subrogated to D for the borrowed amount of five million won, the Defendant is jointly and severally liable with C to pay the said subrogated amount of five million won and delay damages to the Plaintiff.
B. As to the Plaintiff’s assertion that D lent the instant loan to the Defendant, it is difficult to believe that part of the evidence No. 2 (D) of the Plaintiff’s assertion that D lent the instant loan to the Defendant is “A party borrowing the instant loan, but, upon C’s request, transferred it to the bank account in the name of the Defendant,” in light of the witness witness D’s testimony, it is difficult to believe it as it is. As seen earlier, it is insufficient to acknowledge the Plaintiff’s assertion, or the remaining evidence of the Plaintiff’s submission alone is insufficient to prove the Plaintiff’s assertion, and there is no other evidence to prove it otherwise.
Rather, as recognized in the above basic facts, D lends the instant loan to C, and C.