대여금
1. Defendant C: (a) KRW 80,000,000 and 5% per annum from January 1, 2015 to September 15, 2015, respectively, to the Plaintiff.
In full view of the statements in Gap 1, 2, and Eul 2, the Plaintiff transferred KRW 100,000,000 in total to the defendant Eul's account over 10 times from April 25, 2010 to September 27, 2013 (the Plaintiff alleged that the Plaintiff remitted KRW 100,101,250,000 to the defendant's account, but it appears that the Plaintiff is a remittance fee). The Plaintiff asserts that the Defendants, the couple of the couple of the couple, requested to lend the defendant's business funds and lent the above money to the defendants as of January 5, 200, and the Defendants were to receive KRW 1,250 as of December 30, 2014 and 31.20,000,000 from December 30, 2014 and the Defendants jointly and severally liable to return the remainder of the loans.
The Defendants, while investing in the multi-stage business by Defendant C, borrowed money from the Plaintiff using Defendant B’s account as her husband, and Defendant B asserted that it is irrelevant to the said money.
In full view of the overall purport of the arguments in Gap 4, Eul 1, and 2, it is difficult to view that the plaintiff transferred money to the defendant Eul's account with defendant Eul as borrowing the above money with the defendant Eul, and it is insufficient to recognize the above only by the statement in Gap 7.
The Plaintiff asserts that Defendant B prepared a letter of payment (A 6) to pay KRW 20,000,000 among the above loans on June 21, 2015, however, in full view of the fact that the said letter of payment states that money is money and that the said letter of payment was written on a separate basis, it cannot be deemed that Defendant B borrowed money with Defendant C.
Therefore, 80,000,000 won of the Plaintiff’s claim against Defendant C shall be accepted, and the remainder shall be dismissed, and the claim against Defendant B shall be dismissed.