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.

1. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion 1) B requested the Plaintiff to lend money, and the Plaintiff believed and lent it to the Defendant, his father. From September 13, 2017 to January 30, 2018, the Plaintiff agreed to transfer a total of KRW 68250,000 to the passbook in the name of the Defendant and to repay the loan upon the Plaintiff’s request for reimbursement between B and B, and D jointly guaranteed the above loan obligation. The Defendant intended to offer the passbook in the name of the Defendant in the name of B and D to be liable as the party to the legal act in B and D. Accordingly, the Defendant jointly and severally with the Plaintiff, around September 13, 2017, was liable to pay the Plaintiff a loan amount of KRW 40,000,000 and delay damages therefrom, and the Plaintiff transferred the loan amount to the Plaintiff under the name of the father, his father, who is his father, from around 2018, to 300,000.

The defendant, who had been engaged in credit business, was contacted with regard to B and D's obligations or frauds, or had a passbook under the name of the defendant used for B and D's illegal acts, and the above acts by the defendant constitute aiding and abetting illegal acts by negligence.

Therefore, the defendant is jointly and severally liable with the plaintiff, who is a tort, to pay the damages amounting to KRW 40 million and delay damages equivalent to the loan unpaid to the plaintiff.

B. As alleged in this part of the Plaintiff’s claim for the loan 1 portion, the Defendant borrowed the above money from the Plaintiff solely on the ground that the Plaintiff remitted the money to the Defendant’s passbook in the name of the Defendant while lending the money to B.

The debt B related to the above money has been jointly and severally guaranteed against the plaintiff.