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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 first instance court.
Reasons
The Plaintiff’s assertion and determination parties have leased KRW 16 million to the Defendant on April 16, 2014 and KRW 16 million on May 18, 2015. As such, the Defendant is obligated to pay the above borrowed amount of KRW 16 million (hereinafter “the instant borrowed money”) and damages for delay.
The Defendant asserted that the Defendant introduced C in the bond business to the Plaintiff, and the Plaintiff lent the loan amount of KRW 16 million to C at the rate of 3% per month. The Defendant merely received the loan from the Defendant to the Defendant’s deposit account and delivered it to C as the borrower.
Judgment
According to the statement in Gap evidence No. 1, the plaintiff transferred the total of KRW 16 million to the deposit account in the name of the defendant, as of April 16, 2014, and KRW 16 million on May 18, 2015.
However, subparagraph 1, subparagraph 2, subparagraph 2-1 through 4, subparagraph 5-2, subparagraph 5-1, and subparagraph 2-2, and the testimony of the witness witness witness witness witness witness witness witness witness of the first instance court, namely, circumstances that can be seen by comprehensively taking account of the overall purport of the pleadings, i.e., the Defendant received from the Plaintiff a total of KRW 16 million from the Plaintiff and immediately transferred the above borrowed money to C on the same day; ii) the Plaintiff received from May 17, 2014 to December 17, 2015 the money borrowed from C at least KRW 1.5 million each month under the interest of the borrowed money of this case, and the Plaintiff received KRW 5 million under the pretext of the principal and interest of the borrowed money of this case from C to December 27, 2015, and ③ the Plaintiff’s application for rehabilitation from the said individual rehabilitation claim of this case was demanded by the said individual rehabilitation claim of this case to C before December 15, 2016.