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.

1. The facts of recognition B, on September 2, 2014, set up a lease agreement (No. 3, 201; hereinafter “instant lease agreement”) with the Defendant, setting the lease deposit of KRW 110,00,000,00, and from October 12, 2014 to October 12, 2016, which set the lease deposit of KRW 5,201, Seo-gu, Incheon, Seo-gu, Incheon, Incheon, as the lease deposit of KRW 110,00,00, and submitted the instant lease agreement to the Plaintiff to obtain a fixed date on September 22, 2014.

On October 1, 2010, the Defendant, as a lessor, prepared a written confirmation of the lease agreement (part of the evidence No. 4, hereinafter “instant confirmation”) with the lessee to verify the lease agreement of this case with the lessee B and issued it to the Plaintiff.

On October 10, 2014, the Plaintiff loaned KRW 77,00,000 to B of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the loan of the KRW 77,00,000, the interest rate was agreed to be 3.3% per annum (per annum) and the interest rate in arrears at the rate of 5% per annum, and immediately remitted the loan of the above to

However, on October 10, 2014, the Defendant received a request from B to terminate the instant lease agreement, and on the same day withdrawn all of the above loans from the account in the Defendant’s name, and paid KRW 75,000,000 to B.

After that, B lost the benefit of the time limit for the above loan obligation, as of March 6, 2016, the above loan obligation remains 9,758,106 won in total of the principal amount 7,335,316 won, interest 2,422,790 won, and the current overdue interest rate is 8.5% per annum.

On the other hand, B was prosecuted as a crime of fraud in relation to the loan of the deposit money of this case as the Suwon District Court 2015dan5008 and is currently pending trial.

[Reasons for Recognition] Evidence Nos. 1 through 4, Evidence No. 3, and the purport of the whole pleadings

2. The defendant argued that he was involved in the illegal act B such as preparing and delivering a false lease contract to B, and the defendant is jointly and severally liable with B as a joint tortfeasor.