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1. The plaintiff's appeal and the claim selected by this court are all dismissed.
2. After an appeal is filed.
Reasons
The reasoning of this court’s explanation by the court of the first instance is as follows, except for adding the following judgments, and as such, the part of the reasoning of the first instance judgment against the defendant is identical to the part of the reasoning of the first instance judgment. Thus, it is acceptable in accordance with the main sentence
Additional Part
A. The Plaintiff added the claim that the Defendants withdrawn KRW 140,000,000 to this court constituted a joint tort.
B. First, we examine the legal relations between the Plaintiff and the Defendants in this case.
The Defendants were unable to open an account in their own name because their credit status is not good, and thus, the Plaintiff opened the instant account in its own name that Mabp loan up to KRW 200 million and made the Defendants conduct all financial transactions using the instant account including Mbp loan.
As such, with respect to the Masp loan of the instant account, it is reasonable to view that there was an agreement between the Plaintiff and the Defendants on the so-called “Masp loan,” and that the loan was made in accordance with the agreement, and the legal relationship similar to the contract title trust exists in relation to
Therefore, insofar as the agreement between the Plaintiff and the Defendants on “a borrowed-name loan” has not been lawfully revoked or rescinded, the Defendants’ receiving marina loan through the instant account in the Plaintiff’s name is in accordance with the said agreement, and it cannot be said that it did not cause any unlawful damage or gain any profit without any legal ground to the Plaintiff.
C. As to this, the Plaintiff asserted to the effect that the agreement was implicitly cancelled or cancelled at the time when the Defendants were to withdraw KRW 140,000,000. However, on June 12, 2014, the Plaintiff left the Republic of Korea on the ground that Defendant B, in the process of moving into G building together with the Defendants, she was suled without permission.