대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. Upon receipt of a request from C to lend funds necessary for the operation of the sports center operated by the Plaintiff and the acquisition of a new sports center, the Plaintiff did not believe C that it did not perform its existing obligations. The Defendant provided the instant loan to the Defendant in the same business relationship with C on the ground that it would cause the Defendant to believe himself.
Therefore, the defendant is obligated to pay five million won and delay damages to the plaintiff according to the present promise.
B. The defendant prepared a monetary loan contract in the sense that C will concurrently acquire the obligation to the plaintiff, and the defendant is obligated to pay the above amount to the plaintiff.
C. Even if not, since the defendant signed the above monetary loan contract with the intention of joint and several surety for C's debt, it is obligated to repay the above money to the plaintiff as joint and several surety.
2. According to the evidence Nos. 1, 6, 8-1 and 2 of the evidence Nos. 8, and witness C’s testimony, the Plaintiff transferred the money to the Defendant’s account via D’s account on May 22, 2016, KRW 1.5 million on May 31, 2016, and KRW 32 million on May 31, 2016, to C immediately re-delivery the said money to C; on August 7, 2016, between the Plaintiff and the Defendant, the Plaintiff and the Defendant on May 22, 2016;
5. On September 2, 2016, the fact that a monetary loan contract was prepared to lend money to C under a condition (minimum 24% per annum) that the period of lending KRW 3.5 million was 12 months for the Defendant’s operating sports center’s profits, and the fact that the Defendant lent money to C for the purpose of investing in the sports center on September 2, 2016 that: (a) on May 22, 2015; and (b) on May 31, 2016, the Defendant granted a loan of KRW 4 million to C.
However, in full view of the evidence Nos. 1 through 5, part of the evidence Nos. 9, and the whole purport of the pleading in part of the witness C's testimony, C shall be the defendant.