대여금
1. The defendant shall jointly and severally pay to the plaintiff KRW 100,000,000 as well as the interest rate from June 6, 2019 to the day of full payment.
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 5 as to the cause of the claim, the Defendant and C were legally married couple, and they divorced around February 2019, and C asked the Plaintiff to lend funds to the Plaintiff to operate the KIKO, and the Plaintiff can be recognized as having transferred KRW 100 million to the financial account around September 2016.
According to the above facts, the defendant is jointly and severally liable with C to pay damages for delay at the rate of 12% per annum from June 6, 2019 to the day of full payment, which is the day following the service of the original copy of the payment order of this case.
2. The defendant's assertion asserts that C substantially operated the KIKO and the plaintiff lent money to C.
In full view of the following circumstances: (a) the Defendant entered into a building lease agreement to operate KIKO, namely, its name; (b) the Defendant introduced himself/herself as the representative of KIKO; and (c) the name of his/her business operator was also registered; (d) the KRW 100 million deposited in the account in the name of C was transferred to the Defendant’s name; and (e) the Defendant and C were operating KIKO; and (c) the Plaintiff was aware of the aforementioned circumstances at the time of loan of KRW 100 million, it is reasonable to deem that the Defendant was either the lender of the above loan or the Defendant jointly borrowed the above loan with C; and (e) the Defendant’s assertion that he/she was not liable for repayment is groundless.
3. The plaintiff's claim is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.