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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is the creditor of C, and the Defendant was married with C, and the Defendant was married with C, and was the husband of C who was divorced from C on March 18, 2014.
B. From June 19, 2003 to September 2009, the Plaintiff lent a total of KRW 110,000,000 (hereinafter “instant loan”) to C, and C, on October 15, 2012, recognized that the Plaintiff borrowed a total of KRW 110,000,000 from the Plaintiff, and drafted a certificate of borrowing to the effect that C would pay the said money by January 31, 2013.
C. The Plaintiff did not repay KRW 110,00,000 for the instant loan until the maturity date promised by C, and on February 7, 2013, the Plaintiff applied for a payment order for C with the District Court Decision 2013 tea480, Namyang-si, Seoul. On February 18, 2013, the said court issued a payment order for C to pay KRW 110,000 to the Plaintiff (hereinafter “instant payment order”). On February 22, 2013, C did not raise any objection against C’s delivery of the original copy of the instant payment order. Accordingly, the instant payment order became final and conclusive on March 9, 2013.
[Ground for Recognition: Unsatisfy Facts, Gap evidence 1 to 3, Eul evidence 1 and 2
(2) Each entry and the purport of the whole pleading
2. Determination as to the cause of action
A. (1) The plaintiff's assertion (1) The loan of this case was borrowed from the plaintiff to run a community life with the defendant and actually spent the above money by C as study expenses, living expenses, etc., so the defendant is jointly and severally liable for the debt of C to the plaintiff pursuant to Article 832 of the Civil Act.
Therefore, the Defendant is jointly and severally liable with C to pay the Plaintiff KRW 10,000,000 for the instant loan and delay damages from March 9, 2013 to the date of full payment.
(2) The defendant's assertion C merely borrowed money from the plaintiff for the repayment of his/her own personal debt.