대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserts that, on April 1, 2016, the Plaintiff is obligated to pay the above loan and interest thereon to the Plaintiff, since the Plaintiff leased KRW 24 million to the Defendant at 24% per annum and the due date on April 1, 2017.
On April 1, 2016, the Defendant did not know the Plaintiff at all, and did not borrow money from the Plaintiff. On the other hand, the Defendant borrowed KRW 10 million from the Plaintiff’s husband C, and issued two copies of the loan certificate in the name of the Defendant, the obligee, etc., who is a public official. C asserts that the amount of the claim is KRW 24 million on the loan certificate in one of them, and the obligee filed the instant lawsuit by stating the obligee as the Plaintiff.
2. In light of the following circumstances acknowledged by the respective descriptions of Gap evidence Nos. 2 through 8 and Eul evidence Nos. 1 through 5 and the purport of the whole pleadings, it is insufficient to recognize that the plaintiff lent 24 million won to the defendant only by the circumstance and the evidence presented by the plaintiff, and there is no other evidence to acknowledge it. Thus, the plaintiff's claim of this case is without merit.
The plaintiff and the defendant did not know at all prior to the filing of the lawsuit in this case and did not exchange contact with each other or receive money.
Plaintiff
In addition, at the first day for pleading of the trial of the party, the Plaintiff stated that “the Plaintiff was unaware of the Defendant before the instant lawsuit was brought, and that “A, not the Plaintiff, a husband, lend the money to the Defendant.”
It is difficult to conclude that the creditor who lent money to the defendant in this relation is the plaintiff.
B. As to this, the Plaintiff asserted to the effect that, after lending KRW 24 million to the Defendant, C, who is the husband of the Plaintiff, the obligee’s disturbance, the obligee was issued with a blank loan certificate (No. 2, hereinafter “the instant loan certificate”) and written the Plaintiff’s name in the obligee column, the obligee should be deemed the Plaintiff.
Doctrine, sealed in writing.