1. The plaintiff's appeal is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The plaintiff's assertion

A. The Plaintiff granted a loan of KRW 29 million to the Defendant (hereinafter “instant loan”), and the Defendant is obliged to pay the said amount to the Plaintiff.

B. Preliminaryly, the Defendant only lent the passbook under the Defendant’s name to C, and even if the above money was not the borrower, the Defendant incurred considerable damages to the Plaintiff due to the tort that caused a third party to use the passbook under the Defendant’s name. Therefore, the Defendant is liable to pay the instant loan to the Plaintiff as compensation for damages arising from the tort.

2. Determination

A. According to the evidence Nos. 2 and 3, it is recognized that the Plaintiff remitted a total of KRW 29 million to the head of the Tong under the name of the Defendant from August 21, 2013 to April 10, 2015.

However, since the plaintiff remitted money to the passbook under the name of the defendant, it cannot be found that the defendant immediately borrowed the loan of this case from the plaintiff, and there is no other evidence to acknowledge it.

Therefore, this part of the plaintiff's assertion is without merit.

B. Next, in light of the overall purport of the pleadings as to the evidence Nos. 1 and 2, the fact that the Defendant was registered as D business entity, and the fact that the Defendant lent the passbook under his name to C and used the passbook is recognized.

However, there is no evidence to acknowledge the causal relationship between the Defendant’s lending of passbook and the Plaintiff’s non-payment of loan, and the Plaintiff’s assertion on this part is without merit.

3. The plaintiff's claim for conclusion is dismissed for lack of reasonable grounds.

The judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.