대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. Upon receiving a request from D, his wife C to lend business funds, the Plaintiff respectively lent KRW 40 million on May 21, 2008, and KRW 40 million on September 3, 2008. < Amended by Presidential Decree No. 20619, Sep. 3, 2008>
B. On January 30, 2009, the Plaintiff lent KRW 50 million to D on January 30, 2009.
The above loan was remitted to the account under the name of the defendant, who is the husband of D upon D's request, and D stated that "the Plaintiff borrowed KRW 5,000 from the plaintiff," and issued a certificate of borrowing in the name of the defendant with the seal affixed by the defendant.
C. D Co., Ltd. issued to the Plaintiff a written confirmation that the Plaintiff would pay the borrowed money by July 31, 2009, and a written confirmation that the Plaintiff would pay the principal and interest by December 16, 2010, respectively, by June 201.
On the other hand, on February 5, 2010, D reported bankruptcy and exemption as Seoul Central District Court 2010Hadan2376, and was declared bankrupt by the above court on May 24, 2011.
On June 13, 2011, the Plaintiff: (a) was notified of the foregoing declaration of bankruptcy and requested that the Plaintiff raise an objection; (b) D request that the Plaintiff do not raise an objection; (c) on June 18, 2011, the principal amount of KRW 130 million and interest of KRW 33840,000 incurred up to the time and KRW 2.6 million incurred up to June 30, 2012; and (d) the monthly interest of KRW 33840,000 incurred up to the time and KRW 2.6 million were fully repaid until June 30, 2012; and (c) on July 5, 2011, the Defendant prepared a certificate of loan with the intent to set up a collateral mortgage on the said amount; and (d) on June 30, 2011, the Defendant prepared a letter of delegation with the authority to pay the principal and interest of KRW 130,00,000 to the Plaintiff; and (d) the Defendant’s letter of delegation and authority to pay 251.