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1. Defendant B’s KRW 40,000,000 and the service day of a copy of the instant complaint from September 1, 2017 to the Plaintiff.
Reasons
1. Determination as to the claim against the defendant B
A. The indication of claim: Upon Defendant B’s request, the Plaintiff lent KRW 10,000,000 on December 6, 2016 to Defendant B for the purpose of living expenses; KRW 20,000,000 on May 20, 2017 for the purpose of his/her wage; and KRW 10,000,000 on August 7, 2017 for the purpose of his/her household expenses (hereinafter collectively referred to as “instant loan”); and the Defendant B intended to repay the total amount of KRW 40,00,000 on the said loan by August 31, 2017, and thus, the Plaintiff claimed against Defendant B the aforementioned loan and the damages for delay from September 1, 2017.
(b) Judgment made by deemed confession (Article 208 (3) 2 of the Civil Procedure Act and the main sentence of Article 150 (3) of the Civil Procedure Act);
2. The plaintiff alleged that the loan of this case occurred due to ordinary price and thus, the defendant C was jointly and severally liable with the defendant C at the time of the loan of this case, and that the plaintiff deposited the loan in the name of the defendant C, although there is no dispute between the parties. However, in light of the following circumstances which are acknowledged by considering the whole purport of pleading as a whole, such as the head of the Tong that the plaintiff deposited the loan of this case is not the head of the Tong used by the defendant C, but the head of the Tong used by the defendant B, and the amount of the loan of this case is high amount as daily living expenses. Thus, just because the plaintiff deposited the loan of this case in the name of the defendant C, it is insufficient to recognize that the loan of this case is for the purpose of raising funds necessary for the common life of both parties, and there is no evidence to acknowledge it otherwise.
Therefore, the plaintiff's claim against the defendant C is without merit.
3. If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.