대여금
1. The Defendant’s KRW 100,000,000 as well as the Plaintiff’s annual interest from February 1, 2015 to May 31, 2017, and the following.
1. The party’s assertion asserts that the Plaintiff: (a) determined 12% per annum with interest rate of 10 million won to the Defendant; and (b) was paid only interest from the Defendant until January 2015.
In this regard, the defendant asserts that the lender of the above money is C who is the plaintiff's son, and since the borrower of the above money is D with the defendant's husband, the defendant has no obligation to pay.
2. Determination
A. The facts of recognition 1) The Defendant, as the business title of “F” located in Sinpo City E (hereinafter referred to as the “instant business entity”), worked in the workplace every day as well as the overall duties such as the management of employees’ pay, item management, purchase and sales office, deposit and withdrawal management, and bank services. D, the Defendant’s husband, also operated the said business entity with the Defendant. 2) Upon the Defendant’s request, the Plaintiff, upon the Plaintiff’s introduction of the children employed in the said business entity as an employee, lent KRW 12% per annum (one million per month) to the said business entity, and the loan was deposited into the account in the Defendant’s name.
D and the defendant borrowed the above money as F's operating fund, and actually used it for its purpose.
3) The Plaintiff was paid only one million won per month of the interest on the above loan by January 2015 (Evidence: Evidence: Gap 1 through 6 (including the serial number), Eul 1 through 4 (including the serial number), and the whole purport of the oral argument.
B. According to the above facts of recognition, the defendant, as the owner of the above company, was operating the company jointly with her husband D as the owner of the above company, and borrowed the above money in order to use it as the operating fund of the company while performing duties such as fund management of the company.
It is reasonable to view that the defendant and D jointly borrowed money as the joint operator of the above company because it is recognized that they received money from the bank account under their own name.
Therefore, the defendant is liable for the repayment to the plaintiff as a joint user of the above 100 million won.
3. In conclusion, the defendant shall pay 10 million won to the plaintiff and interest thereon.