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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. On November 30, 201, the Plaintiff lent KRW 50,000,000 to C, who is the Defendant’s husband, and KRW 50,000,000 on December 7, 2011, and KRW 30,000,000 on March 5, 2012, and KRW 130,00,000 on a total.
B. On April 3, 2015, the Plaintiff filed an order for payment with C to obtain a loan from the Plaintiff who did not repay the above loan, and received a payment order with the effect that “C shall pay to the Plaintiff KRW 130,000,000 per annum from March 6, 2012 to April 8, 2015, and the amount calculated by the rate of 20% per annum from the next day to the date of full payment,” and the payment order was finalized as is April 23, 2015.
C. On May 2015, the Plaintiff filed a complaint with C, and C was indicted for a crime that, although there is no intent or ability to repay the borrowed amount, by deceiving the Plaintiff, and by deceiving the Plaintiff, acquired KRW 130,000 from the Plaintiff.
C On November 30, 2016, the Chuncheon District Court was sentenced to one-year conviction by imprisonment with labor of 2015 Godan1056, and both C and the Prosecutor appealed.
C On January 20, 2017, the Plaintiff paid KRW 30,000,000 to the Plaintiff, and the remaining amount of damage was paid in installments, but D and E agreed with the Plaintiff on the condition that it is jointly and severally guaranteed by the Plaintiff.
C On February 15, 2017, the Chuncheon District Court 2016No1306 sentenced a suspended sentence of two years for a year of imprisonment. The above judgment became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The Defendant asserted that C’s claim was jointly and severally guaranteed against C’s loan obligation of KRW 130,000,000 (hereinafter “the loan obligation of this case”).
Even if the defendant's joint and several liability is not recognized, C borrowed the above 130,000,000 won and borrowed living expenses, card payments, children's school expenses, and housing loans.