대여금
Defendant B: the Plaintiff:
(a) KRW 30,00,000 and for this, 5% per annum from December 14, 2013 to May 8, 2020; and
1. Determination as to the claim against the defendant B
(a) Indication of claim: The description as to the defendant B of the grounds for the attachment; and
(b) Applicable provisions of Acts: Judgment on deemed confession (Article 208 (3) 2 and Article 150 (3) and (1) of the Civil Procedure Act);
2. Determination as to each claim against Defendant C and D
A. The gist of the Plaintiff’s assertion was that Defendant B notified the Plaintiff of the account number of Defendant C and D when requesting the Plaintiff to borrow money, and Defendant C and D promised not only the Defendant B but also the Defendant C and D to jointly and severally repay the said borrowed money when transferring the money to the said account.
Therefore, Defendant C and D are jointly and severally liable for the repayment of the money that the Plaintiff lent to Defendant C through D by means of transferring the money to Defendant C through D account.
B. Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence Nos. 1 and 2, the Plaintiff wired the sum of KRW 30 million to the Defendant C’s account, which was known by Defendant B upon receipt of a monetary loan request from Defendant B, and KRW 30 million on December 12, 2013, and KRW 13 million on December 13, 2013; ② Upon receipt of a monetary loan request from the Defendant B, the Plaintiff is recognized as the sum of KRW 10 million to the Defendant D account known by the Defendant B, and KRW 10 million on September 10, 2015, KRW 10 million on September 14, 2015, KRW 14 million on September 14, 2015, KRW 4 million on August 23, 2018, KRW 600,000 on August 23, 2018.
However, the following circumstances revealed in Gap evidence Nos. 1 and 2, and Eul evidence Nos. 1 are as follows, namely, ① even if the plaintiff's assertion itself was based on the plaintiff's claim, the plaintiff merely lent money to the defendant Eul by receiving a monetary request from the defendant Eul. However, it was the fact that the defendant Eul lent money to the defendant Eul by means of remitting money to the defendant Eul or defendant D's account known to the defendant Eul, ② The defendant C and D, who is the plaintiff and the account holder, are entirely unaware of each other, and the defendant C and D are jointly and severally liable for the money that the plaintiff lent to the defendant Eul.