대여금
1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of the plaintiff's assertion
A. The Plaintiff’s spouse D and the Defendant’s spouse B’s spouse E are siblingsed death, and the Plaintiff and the Defendant B are the same death, and the Defendant C is the same birth of Defendant B.
B. On June 29, 2006, the Plaintiff loaned the amount of KRW 60 million to Defendant B as of October 26, 2006 and 1% per interest month.
② The Plaintiff joined the Defendant C’s fraternity. Around May 2006, the Plaintiff loaned KRW 10 million to the Defendant B as of October 26, 2006 and as of January 1, 2006, the payment period of KRW 10,000,000 to the Defendant C was determined and lent to the Defendant B as of December 26, 2006. Similarly, the amount to be paid by the Defendant C was determined as of December 1, 2006, KRW 10,000,000,000 as of December 1, 2006, and KRW 10,000,000 as of January 1, 207 and February 28, 2007.
③ Therefore, Defendant B is liable to pay to the Plaintiff KRW 100 million and damages for delay.
C. If Defendant C, the main owner of which did not pay the Plaintiff’s fraternity 40 million won to Defendant B, the Defendant C did not pay the Plaintiff’s fraternity 40 million won to the Plaintiff.
② Therefore, Defendant B is obligated to pay to the Plaintiff the borrowed money of KRW 60 million on June 29, 2006, Defendant C with KRW 40 million, and delay damages therefrom.
2. Determination:
A. Comprehensively taking account of the overall purport of the pleadings as to whether the Plaintiff lent a total of KRW 100 million to the Defendant B, the following facts: (a) on June 29, 2006, the Plaintiff’s primary claim was transferred from the account in the name of the Plaintiff’s spouse to the account in the Defendant B’s name; (b) on June 29, 2006, the settlement of accounts was made between the Defendant B around June 2013; (c) around KRW 60 million; and (d) around May 2006, around KRW 10 million; and (d) around November 1, 2006, around KRW 300,000; and (e) on the premise that around December 1, 2006, around KRW 300,000,000; and (e) on the premise that around December 1, 2006, Defendant B loaned a total of KRW 700,000,000.