beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 26, 2013, the Plaintiff borrowed KRW 25,00,000 from Nonparty C, who was a branch of Nonparty C, to pay KRW 33,00,000,000, the Plaintiff transferred KRW 25,000 to the D account (Account Number E; hereinafter “instant account”) designated by C upon receiving a request for a monetary loan of KRW 33,00,00.
At the time of the transfer, the Plaintiff entered “C Loan” in the passbook column.
B. The Defendant was living together with C for several years, and upon the request of C, who was a bad credit holder, the Defendant had C use the instant account.
C. On February 9, 2015, the Plaintiff prepared and issued a loan certificate stating that “C borrowed KRW 33,000,000 from the Plaintiff on March 26, 2013 and confirmed that it has not been paid until now.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1, 2, Eul evidence 1, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff's assertion asserts that since the defendant borrowed money from the plaintiff with C or is in a de facto marital relationship with C and consumed the money deposited by the plaintiff as joint living expenses, the defendant should be held jointly and severally liable for the plaintiff's loan.
B. Judgment 1) First, as to the assertion that the Defendant borrowed money from the Plaintiff with the Plaintiff, there is no evidence to acknowledge that the Plaintiff agreed to make a loan for consumption with the Defendant in remitting KRW 25,00,00 to the instant account under the name of the Defendant designated by C, and instead, the Plaintiff entered the Plaintiff’s head of the passbook as “C” and the fact that the loan certificate was drawn up and delivered only from C is recognized as above. Thus, the Plaintiff’s assertion on this part, premised on the Defendant’s borrowing of money, is without merit. 2) Next, we examine the Defendant’s daily argument about the Defendant’s joint and several liability.
A. Article 832 of the Civil Act refers to.