대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claims against the defendants are all dismissed.
3. The total cost of the lawsuit.
1. Summary of the parties' arguments;
A. On May 20, 201, the Plaintiff: (a) lent KRW 300 million (the Plaintiff’s funds KRW 200 million and KRW 100 million borrowed from D) to Defendant C, the actual inspection owner of Defendant B (hereinafter “B”); (b) on November 20, 201, Defendant B jointly and severally guaranteed Defendant C’s obligations; and (c) thereafter, Defendant C paid KRW 100 million to D between 2015 and 2016.
Therefore, the Defendants are jointly and severally liable to pay the remaining loans amounting to KRW 200 million and damages for delay.
B. Defendant C did not borrow money from the Plaintiff.
The plaintiff lent money to the defendant Eul, and the defendant C was a joint and several surety therefor.
In addition, the amount loaned by the Plaintiff to Defendant B is not KRW 30 million, but KRW 200 million, and that Defendant C paid KRW 100 million to Defendant C is merely a repayment of KRW 100 million separately lent to Defendant C regardless of the Plaintiff’s loan.
In addition, the plaintiff's loan claims and joint and several liability claims have expired five years after the due date for payment, which is the commercial statute of limitations.
2. Determination
A. The evidence alone submitted by the Plaintiff as to whether the principal debtor of the loan is Defendant C is not sufficient to recognize that the other party who lent the loan as Defendant C, and there is no other evidence to acknowledge this otherwise.
Rather, there is no dispute between the parties, or the following facts and circumstances that can be recognized by comprehensively considering the overall purport of the pleadings as to Gap evidence Nos. 1, 4, 8, and Eul evidence Nos. 1 and 2 (including serial numbers, if any), i.e., the plaintiff clearly stated "Defendant B and Defendant C, a joint guarantor, who is the borrower of the loan certificate received by lending money on May 20, 201," and the plaintiff as the secured claim for the loan on the land located in Busan. < Amended by Act No. 10753, May 20, 2011; Act No. 10685, May 20 and 24, 2011>