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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
Defendant and B.
Reasons
1. Basic facts
A. On January 8, 2013, the Plaintiff deposited KRW 10 million, KRW 3 million on January 14, 2013, KRW 12 million on January 15, 2013, KRW 10 million on January 25, 2013, and KRW 10 million on January 25, 2013 into the account under the name of the co-defendant B of the first instance trial (hereinafter “B”), and deposited KRW 5 million on February 22, 2013, and KRW 5 million on June 24, 2013 into the account under the name of the Defendant respectively.
(hereinafter referred to as the “instant loan”). B.
B On September 11, 2013, “30,1700,000 won shall be repaid until October 30, 2013.
Each cash custody certificate (No. 1) No. 2, stating that “A shall be treated legally in the event of complete payment,” and “15 million won shall be repaid to October 30, 190,000,000,000,000 won,” was prepared and provided to the Plaintiff.
Each of the above cash custody certificates includes the defendant's name and the following descriptions of "(1 cash custody certificate)" or "(2 cash custody certificate)" that seem to be the defendant's signature.
C. B and the Defendant reported a marriage on July 9, 1984, but divorced on April 18, 2014.
【Unsatisfied Facts, Gap’s entries in Gap’s evidence 1, 2, 4, 5 and Eul’s evidence 1 through 3 (including paper numbers, hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff lent KRW 45 million to B (i.e., KRW 12 million worth KRW 12 million), and the Defendant is jointly and severally liable for the payment of the above loan to the Plaintiff. Although it is not recognized as joint and several liability, Defendant C, who is its husband, is jointly and severally liable for the payment of the above loan to the Plaintiff. Although it is not recognized as joint and several liability, Defendant C, who is its husband, is jointly and severally liable for the payment of the above loan.
B. The defendant's assertion does not have a joint and several liability for the plaintiff, and the above debt of the defendant B is not due to ordinary work but merely borrowed for the repayment of individual debt.