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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 first instance court.
Reasons
1. Grounds for the court's explanation concerning this case are set forth in Article 2-B of the judgment of the first instance.
As the reasoning of the judgment of the court of first instance is the same as that of the judgment other than the following specifications, this is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In full view of the following facts and circumstances acknowledged by comprehensively taking account of the following facts and the evidence Gap's evidence Nos. 1 through 4, 7 through 9, 12, Eul's evidence Nos. 1 through 14, each evidence No. 1 to 14, each reply to an order to submit financial transaction information by the court of the trial at the trial, the witness R of the trial at the trial, and the witness J of the court of the first instance, it appears that the defendant was unaware of the fact that he would harm other creditors at the time of entering into the instant mortgage contract, and the presumption of bad faith against the defendant who is the beneficiary was reversed.
After borrowing KRW 200 million from P on March 13, 2012, the Defendant lent KRW 200 million to J on March 16, 2012, and the wife S withdrawn KRW 130 million as a check on March 13, 2012, and one cashier’s checks issued as of March 13, 2012 were presented by S at the Dong Daejeon Saemaul Depository to pay KRW 50 million, and two cashier’s checks of KRW 10 million were presented to the Korea Development Bank by India.
In addition, on June 15, 2012, the Defendant borrowed KRW 150 million from P on June 15, 2012, and among them, received KRW 60 million as one check with KRW 50 million and KRW 10 million as one check with KRW 50 million, and received KRW 90 million as the Defendant’s account.
As above, the Defendant transferred KRW 30 million on June 15, 2012, and KRW 15 million on June 18, 2012 to Nonparty Co., Ltd. Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) (hereinafter “Nonindicted Co., Ltd.”), a company the J substantially operates. Of the said checks, KRW 50 million and KRW 10 million were presented to each payment by S, a wife at the Daejeon Branch of Han Bank Daejeon. As such, the Defendant loaned money to J or it actually.