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1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 45,600,000 and the period from June 10, 2014 to April 30, 2015.
Reasons
1. Basic facts
A. On July 26, 2012, the Plaintiff opened a seven unit of accounts to pay 30,000 won per month each (hereinafter “instant unit”) and paid a total of KRW 2,100,000 per month from around that time to April 28, 2014, by remitting a total of KRW 2,10,000 per month to the Defendant’s account.
B. The instant fraternity was drafted around May 2014.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination
A. The gist of the parties’ assertion is that the Plaintiff is a co-operator of the instant fraternity with the Defendant’s wife, and thus, the Plaintiff asserts that due to the strike, the Plaintiff is responsible for returning the paid limit, while the Defendant asserts that C, who is the Defendant’s wife, is a sole owner of the instant fraternity, operates the fraternity using the passbook in the name of the Defendant, and that it is merely without any legal liability.
B. As to whether or not the Defendant was a joint operator of the instant fraternity with C, the entries in Gap evidence Nos. 1 through 3, the financial transaction information reply results against the new bank of this court, and the witness D’s testimony and the entire purport of oral argument as to whether or not the Defendant was a joint operator of the instant fraternity, i.e., the Plaintiff paid the fraternity over 22 occasions from July 26, 2012 to 22, i.e., the Plaintiff, at the time, paid the fraternity by means of remitting to the passbook under the name of the Defendant, and the remittance was made by means of remitting the fraternity to the passbook under the name of the Defendant, and most of the members of the instant fraternity were paid the fraternity by means of remitting the fraternity to the passbook under the name of the Defendant. The Plaintiff was aware that the Defendant was possessing real estate under his own name (Seoul East-gu E and the third floor building) and subscribed to the instant fraternity and transferred the fraternity to the Defendant’s account in the name of the Defendant, including the Plaintiff.