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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 defendant.
Reasons
1. The Plaintiff’s summary of the Plaintiff’s assertion was requested to lend money from C (one named “D”) who is the site manager of the “B crossing Road Construction”, and transferred KRW 3,00,000,000 to the account in the name of the Defendant designated by C on March 29, 2013, and KRW 10,000,000 to the account in the name of the Defendant designated by C.
The plaintiff was aware of the name of D as the defendant, and thus the defendant is liable to pay the above borrowed money or to compensate for the losses suffered by the plaintiff by lending that name.
2. According to each of the statements in Gap evidence Nos. 1 through 5 (including the paper numbers), C is recognized as having subscribed to retirement mutual-aid for construction workers under the name of the defendant, who is an son, registered as the defendant, the recipient and the account holder of the payment of labor costs as the defendant, and received a total of KRW 13,000,000 from the plaintiff to the account under the name of the defendant.
However, it is difficult to view the above facts alone as the party who borrowed money from the Plaintiff.
In addition, even if the plaintiff's assertion itself is based on the plaintiff's assertion, it is C to request the borrowing of money directly to the plaintiff. Since C uses the defendant's name, the parties to the loan for cash consumption to the plaintiff are not the defendant.
Meanwhile, the Plaintiff alleged to the effect that the Plaintiff should compensate for damages caused by the Defendant’s lending of name, but it is difficult to deem that the Defendant’s act of having the father C, his father, use his own account.
Therefore, the plaintiff's above assertion is without merit.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.