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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserted that the Plaintiff loaned KRW 100 million to C, who is the Defendant’s spouse, including KRW 50 million on June 26, 2014, KRW 30 million on July 7, 2014, and KRW 20 million on October 17, 2014. At the time, C borrowed money on the pretext of the Defendant’s repayment of the Defendant’s election funds elected as D, etc. In light of the above, the Defendant is obligated to repay the said debt to the Plaintiff in accordance with the ordinary private liability under Article 832 of the Civil Act or the apparent representation liability under Article 126 of the Civil Act.
2. Determination
A. The Plaintiff: (a) lent KRW 100 million to C, the Defendant’s spouse, including KRW 50 million on June 26, 2014; (b) KRW 30 million on July 7, 2014; and (c) KRW 20 million on October 17, 2014; and (d) was unable to receive the said money from C, the Plaintiff also prepared a notarial deed with the purport to receive KRW 100 million from C on January 8, 2016.
On June 26, 2014, the Defendant made a false statement to the victim A at a mutually aesthetic coffee shop in E, stating that “A is not fully equipped with the person who operates a funeral hall in South and North Korea, and the local election in 2014 has to be made with a lot of money and have to be repaid. There are surplus funds, the Defendant would be lending money. It would be possible to pay sufficient interest as well as the day he/she has to complete payment.”
However, the defendant was thought to repay his personal debt from the victim with money, and there was no intention or ability to repay it even if he borrowed money from the victim because he borrowed money from many creditors and takes over several accounts due to the fact that he bears the personal debt of 100 million won or more at the time.
Nevertheless, the Defendant, as above, by deceiving the victim, received KRW 50 million from the victim to the agricultural bank account under the name of the Defendant, and obtained KRW 30 million around July 7, 2014, and acquired KRW 20 million around October 17, 2014.