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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the plaintiff's assertion
A. On December 15, 2001, the Plaintiff: (a) on December 15, 2001, lent KRW 60 million to the Defendant at an interest rate of 1.5 copies per month (hereinafter “instant loan”).
B. From January 1, 2002 to March 2002, the Defendant paid the interest on the instant loan to the Plaintiff in cash, and from April 16, 2002 to June 16, 2006, the Plaintiff repaid the amount equivalent to KRW 60 million by joining the fraternity and paying the fraternity. The said amount of KRW 60 million was appropriated in the order of the court appropriation for payment in the order of the court appropriation for payment, in which the interest on the said loan was appropriated in 41,98,82, and the leased principal remains. From June 16, 2006, the period of prescription for the said loan claim is proceeding.
C. The statement that the Plaintiff was paid 60 million won of the leased principal of this case over several years at the police investigation stage of the criminal case where C, who was the Defendant’s spouse, filed a complaint with the Plaintiff by forging a private document and uttering of a falsified investigation document, is due to psychological instability and extreme interest. Therefore, the Plaintiff did not recognize the full repayment of the leased principal pursuant to Article 312(3) of the Criminal Procedure Act, and the Plaintiff stated as above by mistake in the state of mental and physical disorder and coercion, and this is revoked pursuant to Article 109 of the Civil Act. The Plaintiff’s statement at the police investigation stage of D, who is the Plaintiff’s legal representative, also made a statement by gathering facts, and thus it is revoked.
Meanwhile, the Defendant and C borrowed the instant loan from the Plaintiff in order to raise the purchase fund for housing, which is a residential space necessary for maintaining the marital community, and in fact C received the said loan from the Plaintiff. As such, C was jointly and severally liable for the said loan obligations owed by the Defendant with respect to daily home affairs, and the jointly and severally liable C repaid KRW 5 million to the Plaintiff on April 1, 2013, and what is between the Plaintiff and C.