대여금 등
1. The plaintiff's main claim against the defendant is dismissed.
2. The Plaintiff between the Plaintiff and the Intervenor of the independent party.
Lawsuits and independent parties' interventions shall be considered together.
1. Facts of recognition;
A. The Defendant was paid from the account of the Intervenor who was an independent party (hereinafter “ Intervenor”) to the Defendant as follows:
Of the amount of KRW 2,00,000, 26,0000, 2,0000 on June 25, 2018, 2018, Defendant D cooperatives in the CD region, Defendant D, July 9, 2018, Defendant D cooperatives in the CD region, Defendant D on July 9, 2018, 200, 2,000 on July 29, 2018, 2,000 of the CD transfer by January 15, 2019, 2,000 in total, 34,000,000,000
B. On January 15, 2019, the Defendant: (a) borrowed 26,00,000 won and B (Defendants) to the intervenors; (b) made payment on February 15, 2019, the Defendant drawn up and issued a letter of credit with the content of “A”.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, Byung evidence No. 1 (including each number), the purport of the whole pleadings
2. Determination on the main claim
A. The plaintiff, upon the defendant's request, lent a loan to the defendant in the passbook in the name of the intervenor who is his/her spouse to the defendant.
The argument is asserted.
B. Therefore, we examine who is the creditor of the loan of KRW 34,00,000 (hereinafter “the loan of this case”).
In full view of the facts acknowledged as above and the purport of the entire pleadings, it is reasonable to deem that the obligee of the instant loan is the Intervenor in view of the following: (a) the name of the account transferred or withdrawn to the Defendant is not the Plaintiff but the Intervenor and the Defendant; (b) the loan certificate was made between the Intervenor and the Defendant; and (c) the Intervenor asserted as his obligee and brought a lawsuit for intervention in the instant case; and (d)
Therefore, the plaintiff's assertion is without merit.
3. Determination on a claim by a participant in an independent company
A. As seen earlier, the creditor of the instant loan as to the claim against the Plaintiff is the intervenor, and as long as the Plaintiff filed the instant lawsuit and asserted that he/she was the creditor of the instant loan.