대여금등
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The primary argument is that the Defendant has a total of KRW 60,00,000 to be paid to the Plaintiff under the following circumstances. As such, the Defendant is obligated to pay to the Plaintiff 60,000,000 won with the interest rate of KRW 30% per annum from May 1, 2013 to the date of full payment, which is the next day of the final interest payment day.
1) On May 2010, the Plaintiff and C borrowed KRW 10,000,00 from the Plaintiff on a yearly basis, 30% of the interest rate, and the due date on May 26, 2011. At the time, the Plaintiff demanded C to be the husband as the surety, and C provided the Plaintiff with a loan certificate (Evidence 1) signed and sealed by the Defendant himself as the surety. On July 19, 2010, C lent money to C with the belief that it is necessary for C to pay 20,000,000 won, such as school expenses, etc., to the Plaintiff.
Therefore, the plaintiff could not lend money without the defendant's guarantee, and the plaintiff demanded C to have the monetary loan contract signed and sealed by the defendant notarized.
Accordingly, the Plaintiff confirmed that the Defendant’s name was written in the joint and several surety column as stated in C’s No. 2-2 of the No. 1 of the No. 2 of the No. 2 of the Monetary Loan Agreement (Evidence A) and the Defendant’s seal was affixed, and then lent KRW 20,000,000 to C on December 25, 2010, respectively.
3) On June 30, 201, C asked C to purchase D Apartment 101 Dong 401 and 401 on June 30, 201, and request the Plaintiff to lend 20,000,000 won due to lack of balance, and promised C to receive and pay the loan after purchasing the above apartment in its name and completing the registration of ownership transfer. Therefore, the Plaintiff confirmed C’s purchase of the above apartment in its name, and made C enter C with the loan certificate (the certificate No. 3 clearly stating that the money borrowed by C is the purchase fund of the apartment.