대여금
1. The Defendant shall pay to the Plaintiff KRW 115,320,00 and the interest rate of KRW 15% per annum from October 27, 2017 to the date of full payment.
1. On September 7, 2015, the Plaintiff received a request from the Defendant that funds be needed to purchase a commercial building, and on September 7, 2015, borrowed KRW 116,00,000 from a new bank on September 7, 2015, and lent the said money to the Defendant’s new bank account on September 10, 2015 by remitting KRW 115,320,000 to the Defendant’s new bank account.
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1 and Eul evidence 2, the purport of the whole pleadings
2. Assertion and determination
A. The plaintiff asserts that since the above money is a loan to the defendant, the defendant must pay the above money in full.
On the other hand, the defendant asserts that the above money is divided as the money borrowed by the defendant and her husband D, and that one half of the money is responsible for payment.
B. The facts of the account holder, as seen earlier, are the Defendant, and according to the evidence No. 3 and No. 1, the Defendant paid the commercial buildings purchased on August 24, 2015 by using the money remitted from the Plaintiff, and completed the registration of transfer of ownership on his/her own name on December 30, 2015, and paid interest on the said money from the Defendant’s account to the Plaintiff’s account. In full view of the above facts, it is determined that a person who borrowed money from the Plaintiff is the Defendant.
Even if the Defendant husband and wife borrowed money from the Plaintiff, this is indivisible as a joint obligation of the Defendant husband and wife. Thus, even if the Defendant husband and wife are liable to pay the full amount, and even if the Defendant husband and wife agreed to pay the Plaintiff’s debt to the Plaintiff in the course of divorce, they cannot claim against the Plaintiff.
Therefore, the defendant is obligated to pay to the plaintiff 115,320,000 won and damages for delay calculated at the rate of 15% per annum from October 27, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the plaintiff.
3. Conclusion, the plaintiff's claim.