대여금
1. The part against the defendant in the judgment of the first instance is revoked.
2. The plaintiff's claim against the defendant is dismissed.
3...
1. Basic facts: ① The Plaintiff is a co-defendant B of the first instance trial.
Defendant and B were married couple who completed the marriage report on December 8, 1980, and they were divorced through divorce lawsuit as seen below.
② On August 31, 2014, the Plaintiff and B drafted a loan certificate with the purport that the Plaintiff lent KRW 80,000,000 to B with interest rate of KRW 200,000 per month (on the last day of each month in late payment) and due date for payment as of August 31, 2017 (hereinafter “the instant loan certificate”).
The defendant affixed the loan certificate as a joint guarantor.
③ On the other hand, B was suspected of having sexual intercourse with the wife, and frequently abused language, assault, etc.
Therefore, on October 20, 2016, the Defendant: (a) opened a house from the time to November 22, 2016; and (b) filed a claim for divorce, etc. against B on November 22, 2016; and (c) filed a counterclaim against the Defendant, such as divorce (the Changwon District Court 2016dern 54951 (main lawsuit), 2016dern 5096 (Counterclaim); and (d) related family cases, hereinafter “the case”).
Changwon District Court on December 15, 2017.
Defendant and B are divorced;
B. B pays 20 million won as consolation money to the Defendant; and
C. On November 22, 2018, the appellate court (the original district court 2018Red 1021, 2018Red 1038 (Counterclaim)) rendered a judgment that “The Defendant shall implement the procedure for ownership transfer registration regarding shares of 1/2 out of rocketing vehicles (D) and pay KRW 22.6 million.” (4) The appellate court (the original district court 2018Red 2018Red 1038 (Counterclaim)) rendered a judgment that “the Defendant shall not be included in the passive property” on the ground that the Defendant’s assertion that the property division claim was made on November 22, 2018.
B filed an appeal (Supreme Court Decision 2018Meu16148, 2018Meu16155 (Counterclaim)). However, the appeal was dismissed, which became final and conclusive on March 29, 2019.
[Reasons for Recognition] The facts that there is no dispute or there is no clear dispute, the entries in Eul-Na 1 and 2, and the purport of the whole pleadings.