대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Upon Nonparty D’s request, the Plaintiff: (a) transferred KRW 20 million on May 26, 2009; (b) KRW 30 million on November 2, 2009; and (c) KRW 20 million on August 30, 2010 to Nonparty E’s account; (b) Defendant B, a partner of D, deposited KRW 10 million, KRW 13.5 million; and (c) Defendant C, a partner of D, paid interest to the Plaintiff with his/her account under the name of himself/herself; and (d) Defendant C, a spouse of D, paid the interest to the Plaintiff.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the borrowed amount of KRW 50 million and damages for delay.
2. If the purport of the entire pleadings is added to the evidence Nos. 1, 2, and 3 of the judgment, the Plaintiff’s transfer of money to the account under the name of E as alleged by the Plaintiff, the fact that Defendant B withdraws or took over part of the money, the fact that Defendant C registered the F on January 17, 2012 in the name of Defendant C, and the fact that Defendant C is the spouse of Defendant C, although it is recognized, it cannot be deemed that the Defendants are jointly and severally liable to pay the borrowed money to the Plaintiff, and there is no other evidence to prove otherwise.
The Plaintiff asserted in the preparatory document dated November 19, 2019 that “Defendant B promised to guarantee the obligation of Defendant D and to repay the obligation together.” However, it is insufficient to recognize that Defendant B expressed his/her intent of joint and several surety for the obligation of KRW 50 million solely with the descriptions of the evidence No. 4-1 through No. 5 and No. 5 of the evidence No. 4-2, and there is no other evidence to acknowledge it.
3. If so, the plaintiff's claim against the defendants is without merit, and all of them are dismissed.