1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

From May 8, 2015 to April 4, 2018, the sum of KRW 41,695,988 was transferred from the national bank account (C) in the name of the Plaintiff to the account under the name of the Defendant, or paid for the settlement of the card price under the name of the Defendant.

On the other hand, the above national bank account in the name of the plaintiff was used by D, and if D asks D to lend money to the plaintiff, the plaintiff lent money to the above account.

As seen above, the Plaintiff filed a complaint against D by fraud as it was unable to lend money to D, and D obtained a total of KRW 72,300,000 from the Plaintiff from April 2, 2013 to August 3, 2018, and was sentenced to imprisonment of two years and six months from the Daegu District Court on July 23, 2019.

[Attachment to the facts constituting a crime against the plaintiff other than the plaintiff] [the grounds for recognition] of the absence of dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 5 (including virtual numbers; hereinafter the same shall apply], the plaintiff's assertion of the purport of the whole oral argument and the plaintiff's assertion of the purport of the whole oral argument are in a de facto marital relationship, so substantial part of the money acquired by Eul from the plaintiff was to cover the cost of living.

Therefore, since the defendant is jointly and severally liable for the loan obligation of D against the plaintiff pursuant to the main sentence of Article 832 of the Civil Act, the defendant is obligated to pay the loan amounting to KRW 41,695,98 and delay damages to the plaintiff.

By allowing the Defendant to deliver and use a passbook and a credit card under his name to D, D could obtain money from the Plaintiff or conceal money, and the money acquired by D from the Plaintiff was used as living expenses, etc. to maintain the marital community between the Defendant and D.

This constitutes an act of aiding and abetting by negligence, which is implied or easy for D to borrow money by improper means, so the defendant is considered as an illegal act against the plaintiff.