대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On August 9, 2011, the Plaintiff, who was the Defendant’s husband, was the Defendant and was the borrower, issued a certificate of borrowing KRW 30 million at the rate of 3% per month. The Plaintiff transferred KRW 28,519,000 to the Defendant’s account.
[Ground of recognition] Facts without dispute, purport of whole pleading
2. The plaintiff's assertion that the defendant comprehensively delegated C the right to borrow the loan of this case or granted C the right of representation on it.
Even if it is not so, since the defendant allows C to use his name, it is necessary to assume the responsibility of the name holder as the name holder or the power of representation.
In addition, even if C borrowed money from the Plaintiff from the beginning, it received money with the intention to use it without paying it. Since the Defendant constitutes a joint tortfeasor with objective common interests or aided and abetting C to commit a tort, it should be held liable for tort.
3. Determination
A. We examine whether the Defendant comprehensively delegated C the right to borrow the instant loan, granted the right of representation, or indicated that the right of representation was granted or the right of representation was granted.
A. The Plaintiff’s assertion that the loan certificate was prepared by a person other than the Defendant, and the evidence submitted by the Plaintiff alone is insufficient to recognize that the Plaintiff was delegated by the Defendant with the authority to prepare the above loan certificate, and there is no other evidence to acknowledge it, and thus, it cannot be used as evidence.
The remainder of the evidence submitted by the Plaintiff alone is insufficient to recognize the above facts, and there is no other evidence to prove it.
Therefore, this part of the plaintiff's assertion is without merit.
B. The plaintiff's assertion regarding a tort is eventually obtained by C, and the defendant participated in or aided the above borrowed money.