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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 cause of claim;
A. From January 5, 2005 to June 19, 201, the Plaintiff lent KRW 305,596,500 in total to C over several times, and C, from January 5, 2005 to June 19, 201, repaid KRW 148,394,438 in cash and in payment, from June 19, 201 to June 19, 201.
B. C’s repayment amount is KRW 302,258,849 as of June 19, 201 and the unpaid interest rate is KRW 106,48,022, if the repayment was made on the basis of each payment date according to the doctrine on the appropriation of performance.
C. C used the above money borrowed from the Plaintiff as living expenses, communication expenses, insurance premiums, educational expenses for children, and the Defendant’s real estate purchase funds. In light of this, C’s debt to the Plaintiff is a debt due to ordinary work, and thus, C bears joint and several liability against the Plaintiff.
Even if the defendant did not bear joint and several liability due to daily price death, the defendant, in collusion with C, had the intention or ability to repay the loan, by deceiving the plaintiff, so the defendant is obligated to compensate for the amount of the loan and interest that the plaintiff lent to C as joint tortfeasor.
2. Determination:
A. A. A judgment as to the assertion of a claim for a common family obligation (1) As a juristic act concerning a common family affairs under Article 832 of the Civil Act refers to a juristic act which is normally necessary for a couple to run a common life, the contents and scope of the juristic act shall be determined by the community’s living structure, degree and the community’s living place. In determining whether a specific juristic act at issue concerns a common family affairs of the couple, it shall be determined by the community’s social norms, taking into account the following objective circumstances: the kind and nature of the juristic act; subjective intent and purpose of the family manager; and the social status, occupation, property, and revenue capacity of the