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1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.
Reasons
1. Basic facts
A. On October 23, 2013, the Plaintiff loaned a loan of KRW 10 million at the Appointor’s request. On January 26, 2014, the Plaintiff prepared a loan certificate with the principal obligor as the Defendant and the person who selected the principal obligor jointly and severally liable, and remitted the loan of KRW 10 million to the Appointor on the same day (hereinafter “instant loan”).
B. From May 13, 2013 to July 28, 2015, the Appointor remitted total of KRW 47,409,800 to the Plaintiff (hereinafter “instant money”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 11, 13, Eul evidence No. 1 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The assertion of the parties and their determination
A. The Plaintiff’s assertion 1) The Defendant and the Claimant did not repay the instant loan by January 26, 2014, which is the due date for the payment of the instant loan, and thus, they are jointly and severally liable to pay the Plaintiff the said loan and the damages for delay. Since the instant money that the Claimant transferred to the Plaintiff was paid with the limit of the Plaintiff’s fraternity operated as a fraternity, it is not the repayment of the instant loan. 2) The Defendant’s assertion that the instant loan was not received from the Plaintiff, and there was no lack of delegation of the receipt of the instant loan from the Plaintiff, and thus, there was no obligation to pay the Plaintiff the instant loan.
In addition, since the Selection remitted the instant money to the Plaintiff, including the instant loan, to repay the total amount of KRW 40 million, the instant loan was completely repaid.
B. We examine the determination as to the cause of the claim 1. According to the facts acknowledged earlier, Gap evidence No. 13, and the purport of the entire pleadings, the loan certificate was prepared between the plaintiff, the defendant, and the designated parties on October 23, 2013, which is the date of the remittance of the loan in this case, by the defendant, and the designated parties jointly and severally liable, and the above loan certificate was issued by the defendant.