대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff loaned C the amount of KRW 10 million on January 13, 2009 and KRW 20 million on March 23, 2009 to C by means of remitting to the Defendant’s account under the name of the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence 2-1 and 2
2. The gist of the Plaintiff’s assertion ① The Defendant jointly and severally guaranteed C’s obligation of borrowing KRW 30 million against the Plaintiff.
② The Plaintiff acquired the above KRW 30 million by fraud, and the Defendant took part in C’s fraudulent act, such as lending the passbook in the name of the Plaintiff, and thus, shall compensate the Plaintiff for the damages equivalent to the above KRW 30 million.
3. Determination
A. As to the Plaintiff’s assertion (1), the Defendant’s name stated in the column for joint and several surety of the Plaintiff’s certificate No. 1 is the Plaintiff, and there is no evidence to prove that the Defendant delegated the preparation to C. Thus, the evidence No. 1 cannot be used as evidence to prove the Defendant’s joint and several surety.
Other facts that C borrowed money was remitted to the account under the name of the defendant alone are insufficient to recognize the defendant's joint and several liability in light of the witness C's testimony that he/she lent the above passbook from the defendant to the account under the name of the defendant, and there is no other evidence to acknowledge it.
Therefore, this part of the plaintiff's assertion is without merit.
B. The evidence presented by the Plaintiff as to the Plaintiff’s assertion is insufficient to acknowledge that C took part in the Defendant’s fraudulent act by lending the Defendant’s passbook with the knowledge that C took advantage of the fraud, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion on this part is without merit.
4. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.