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1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:
The defendant.
Reasons
1. Facts of recognition;
A. On Aug. 28, 2008, the Plaintiff and his/her partner C, a company D (hereinafter “D”), the representative director at the time of the above loan, and the Defendant’s partner F and the Defendant’s representative director after the date of the above loan, set up a loan certificate of KRW 70 million as of September 30, 2008 between D and D. The Defendant, G, and H Co., Ltd. jointly and severally guaranteed the above loan obligation as D.
B. On September 1, 2008, the Plaintiff remitted KRW 70 million to D on September 1, 2008, and D transferred each of the above loans to the Plaintiff on November 4, 2008, KRW 50 million, and KRW 10 million on February 13, 2009, respectively, to repay the above loans to the Plaintiff.
C. Meanwhile, on August 5, 2008, the Defendant: (a) borrowed 45 million won as money is insufficient to purchase the land to develop the gas station site; (b) and (c) borrowed 45 million won as profit therefrom; and (c) transferred 45 million won to the account of community credit cooperatives under the name of J among real estate individuals in the real estate under his/her own name; (d) the Defendant borrowed 45 million won from C as above without his/her intention or ability to repay; (b) was a criminal offense committed by fraud that he/she borrowed 45 million won from C and was indicted as Busan District Court Branch Branch Branch of the Busan District Court on December 4, 2014 and sentenced as imprisonment for six months and for two years of suspended execution on December 4, 2014, and the judgment became final and conclusive as it is (hereinafter “Defendant criminal case”).
On July 1, 2009, the defendant prepared a loan certificate of the following contents (hereinafter “the loan certificate of this case”) with only C around August 10, 2009 (the plaintiff claimed as the plaintiff around August 10, 2009), and around that time, prepared a loan certificate of the purport that C shall pay 45 million won to I by September 30, 2009 (hereinafter “the separate loan certificate of this case”).
A borrower who has borrowed the above amount in the limit of 10,000,000 won per day of the loan certificate (10,000,000): the defendant.