대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The facts below the basic facts may be acknowledged by integrating each entry in Gap evidence Nos. 1 to 8, as a whole, the purport of the entire pleadings.
The Plaintiff loaned the sum of KRW 121,00,000 to Defendant C, a member of the same fraternity, as follows:
(1) On February 19, 1996, April 10, 1996; 20,000 on March 10, 1996; 3. 10,00,00 on March 10, 1996; 3. 10,00,00 on April 1, 1995; 4. 10,00,00 on March 1, 1996; 3. 10,00,00 on April 14, 1995; 4. 10,00 on March 14, 1996; 4. 10,00 on March 14, 1996; 3. 10,00,00 on March 14, 200; 3. 19,00 on May 15, 1996;
B. Defendant B is the husband of Defendant C.
C. The Plaintiff filed a complaint against the Defendants in fraud, but the Defendants were determined to be “suspected” at the Busan District Prosecutors’ Office on July 29, 1999.
2. The Plaintiff asserted that Defendant B borrowed KRW 121,00,000 for each of the loans of this case for the purpose of using construction costs, etc. jointly and severally with Defendant C. Thus, it is insufficient to recognize that Defendant B borrowed the above KRW 121,00,000 with Defendant C solely on the basis of each of the documents stated in subparagraphs 3 and 7. The Plaintiff’s claim against Defendant B is insufficient to acknowledge that Defendant B borrowed the above KRW 121,00,000 with Defendant C. The Plaintiff’s claim against Defendant B is without merit.
3. Determination as to the claim against Defendant C
A. According to the above facts, barring any special circumstance, Defendant C is obligated to pay the Plaintiff each of the instant loans amounting to KRW 121,000,000 and delay damages.
B. (1) The judgment of Defendant C on the assertion of Defendant C was made after borrowing and using money from the Plaintiff.