대여금
1. The plaintiff's appeal is dismissed.
2. Part on Defendant B of the ancillary claim added at the trial.
1. The reasons why the court should explain this part of the judgment as to the primary claim against Defendant B are the same as the entry from No. 3 to No. 13 and No. 9 of the judgment of the court of first instance. Thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Determination as to the claim against Defendant C
A. As seen earlier by the Plaintiff’s assertion, the money transferred to Defendant C’s bank account under Defendant C while lending to Defendant B is once the money.
Defendant B has a claim against Defendant C to pay the said money.
In order to preserve the loan claim against Defendant B, the Plaintiff claimed against Defendant C for the payment of KRW 41,00,000 out of the above remittance amount and damages for delay.
B. There is no evidence to acknowledge the conclusion of a title trust agreement between the above Defendants, which is the cause of Defendant B’s claim against Defendant C, as alleged by the Plaintiff, or acquisition of profits without the legal cause of Defendant C, and the occurrence of damage to Defendant B.
In full view of the overall purport of the pleadings as to the evidence Nos. 22, 36-5, 18, 32, 1, 2, 5, 7, and 8 of the evidence Nos. 22, and 36-5, 32 of the evidence Nos. 1, 2, 5, 7, and 8, Defendant B is recognized as having been directly managing and using the bank account under Defendant C without any separate agreement or settlement with the Plaintiff.
Therefore, the plaintiff's claim against the defendant C is without merit.
3. Judgment on the main claim against Defendant D and on the ancillary claim added at the trial against Defendant B and D
A. Defendant D, who claimed the Plaintiff’s obligee’s subrogation right, takes over the loans equivalent to KRW 160,00,000 from Defendant B, the husband, for a consideration, to P, and takes over all the deposits, goods, and facilities of “Rart” in Incheon Bupyeong-gu Q from P, and offset the payment claims and the above loan claims.