1. The defendant's appeal is all dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiffs are the parents of D and E, and the Defendant is the Defendant’s spouse from February 18, 2014 to Kimhae-si, and is registered as the business entity of “G” in the Plastics Manufacturing Business.

B. On August 10, 2017, Plaintiff A deposited KRW 24,800,000 in an account under the name of the Defendant (corporate bank H). Plaintiff B deposited KRW 31,300,000 in total with the said account under the name of the Defendant on July 24, 2017, and KRW 24,000,000 on October 20, 2017, and KRW 31,300,000 on November 27, 2017.

C. On March 29, 2018, Plaintiff B notified the Defendant that the loan amount of KRW 31,300,000 by means of content-certified mail should be repaid until April 10, 2018. On April 18, 2018, Plaintiff B notified the Defendant that the loan amount of KRW 31,30,000 should be repaid.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 3, 4, 5, 6, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiffs' assertion 1A) The plaintiffs paid money to the defendant's account upon receiving a request from the defendant to lend money to G's business funds. Thus, the defendant is liable to pay the above money as the debtor.

B) Even if the plaintiffs lent money to E, the defendant and E were in a partnership business relationship by operating G together, and the plaintiffs lent money to G's business funds, so the defendant is responsible for paying the full amount of the above debt, which is the partnership debt, to the plaintiffs pursuant to Article 57 (1) of the Commercial Act. 2) The defendant's assertion is merely a representative in the name of G, and the fact is that E is the actual operator of G.

The defendant's account that the plaintiffs deposited money is a business account of G, and the money that the plaintiffs transferred to the defendant's account is not a loan to the defendant, but a donation or loan to E as a business fund.

B. Prior to whether Defendant 1 and E jointly operated G, the facts in question, evidence Nos. 7 through 12, 14, evidence Nos. 3, evidence Nos. 9-5, 6, and 7, and the purport of the entire pleadings.