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.

1. The plaintiff asserted that he lent 10,480,000 won to the defendant and C on October 17, 2001, and thereafter additionally lent 20 million won.

On December 29, 2006, Defendant and C agreed to pay KRW 40 million, including interest accrued in smuggling.

Even if only C is borrowed, C operated a factory with the defendant, and as the defendant's partner or business assistant, borrowed the above money as operating expenses of the factory, this constitutes a commercial activity, and the defendant is responsible for paying the above money by proxy.

2. According to each of the statements in Gap evidence Nos. 1 through 3 (including additional numbers), there is no dispute between the parties, or the plaintiff lent a total of KRW 30,480,000 to Eul, the plaintiff prepared a cash custody certificate to the plaintiff on December 29, 2006 that the plaintiff shall pay the principal and interest of KRW 40,000 to the plaintiff on December 29, 2006, that the interest of the above loan shall be deposited in the name of C, and that the payment is made in the name of the defendant, and that the defendant and C shall be deposited in the name of the defendant, but it is recognized that the defendant and C are the couple, but the above facts alone alone lend money to the defendant.

or C borrowed money from the Plaintiff on behalf of the Defendant on behalf of the Defendant

It is not sufficient to recognize C as having borrowed the above money as the operating expenses of the Defendant’s factory, and there is no other evidence to acknowledge it.

3. Thus, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.