대여금
1. The plaintiff's appeal and the supplementary selective claims in the trial are dismissed, respectively.
2. After an appeal is filed.
1. The following facts are found either in dispute between the parties or in Gap evidence No. 1 (including additional numbers) together with the purport of the entire pleadings:
A. The Plaintiff loaned KRW 15 million to Codefendant B of the first instance trial (hereinafter “B”) on January 13, 2010, KRW 19 million on June 3, 2010, KRW 18 million on June 18, 2010, KRW 18 million on June 18, 2010, and KRW 72 million on June 30, 2010.
B. B and the defendant are marital relations.
2. The assertion and judgment
A. At the time of lending the above money, the Plaintiff asserted that B lent the above money to the Defendant, who is his husband, necessary for the Defendant to conduct the high-water business.
Therefore, the defendant jointly borrowed the plaintiff's money with B or borrowed money by B on behalf of the defendant who is the husband within the scope of ordinary family life, and the defendant is jointly and severally liable with B to repay the borrowed money to the plaintiff.
In addition, B did not have the intent or ability to repay the money from the Plaintiff at the time of borrowing the money from the Plaintiff, and the Defendant, despite being aware of such circumstances, provided that the Plaintiff borrowed money from the Plaintiff, which constitutes a joint tort against the Plaintiff. As such, the Defendant is jointly and severally liable with B to pay the Plaintiff the money equivalent to the above borrowed money as damages.
B. The Defendant’s assertion that the said money was borrowed from the Plaintiff, and the Defendant did not fully participate therein.
C. The evidence No. 2 of the Plaintiff’s claim for the loan No. 1 is merely a notification to the Defendant containing the Plaintiff’s assertion, and it is difficult to believe it.
According to Gap evidence Nos. 3 through 7, the inquiry results on the head of the office of the office of the head of the office of the YYYYYYY, the response results of the order of the court of first instance to submit data on taxation, witness D's testimony at the court of first instance, and witness E's testimony at the court of first instance on or around June 3, 2010, the plaintiff endorsed to B on and around June 18, 2010 the amount of 9 million won in face value per unit and 8 million won in face value per unit, and the defendant's father F.