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1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuits, the part concerning the claim for the confirmation of existence of obligations.
Reasons
Basic Facts
(1) D is a person who has served as a regular manager of E Union (hereinafter “E Union”), and the Plaintiff is a spouse of D, and the Defendant is a person who served as a deputy director and a chief director as an agent of E Union.
(2) Around 2001, E Union extended a loan exceeding the lending limit to the same person to F who operates H Hospital, and D participated in the aforementioned lending process.
F was subject to disciplinary dismissal around January 3, 2002 on the ground that the I organization was audited by the I organization and the F was required to repay the above loan early from November 2001, and D was involved in the above loan.
(3) Around June 2002, the Defendant lent a total of KRW 200 million to F (hereinafter “instant KRW 200 million”). The Defendant asserts that D loaned a total of KRW 200 million to F, “F would have to cause damage to E Association if the F fails to pay its obligations to E Association normally, and that F would have been able to pay its obligations to E Association by financing funds, and that D lent a total of KRW 200 million to D.
However, in full view of the following facts: (a) the Plaintiff et al. stated that the Plaintiff subrogated to the Defendant for the F’s obligation (Evidence No. 8-1 to 4); (b) F borrowed KRW 200 million from the Defendant in a conversation with D (Evidence No. 14); (c) F testified that the obligee is not the Defendant but the E Association but the Defendant bears the responsibility for the repayment of the instant KRW 200 million in this court; and (d) it is difficult to deem that there was a special motive to allow the Defendant to use the F’s repayment of the obligation by borrowing money from the Defendant by the E Association; and (e) D already discharged from the E Association, by taking account of the fact that the Defendant lent the instant KRW 200 million to F.
The F received some interest from F.
(4) D is an occupational breach of trust due to involvement, etc. in the loans described in paragraph (2) from an investigative agency.