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1. The Defendant’s contract for a monetary loan for consumption (No. 217), No. 2014, dated November 27, 2014, against the Plaintiff.
Reasons
1. Facts of recognition;
A. The Defendant, together with C, invested money in D, engaging in the business of importing and selling clothes. Since D was unable to repay a part of the investment principal and profits in time, the Defendant and C urged D to repay them. Accordingly, on November 27, 2014, the Plaintiff prepared and issued the instant notarial deed to the Defendant.
The main contents of the notarial deed of this case are as follows.
(Purpose) On November 27, 2014, the Defendant lent KRW 60,000,000 to the Plaintiff, and the Plaintiff borrowed this.
(Period and Method of Performance) By February 28, 2015, payment shall be made by the due date.
(interest) there is no arrangement; (b)
From March 2, 2015 to April 23, 2015, the Plaintiff transferred a total of KRW 18,200,000 to the Defendant or C’s account, thereby partly repaying the money agreed on the instant authentic deed.
C. The Plaintiff maintained a very close relationship close to D’s relationship, and the Defendant alleged that D was a de facto spouse or a person living together with the Plaintiff. However, in full view of the overall purport of the pleadings, the Plaintiff’s relationship was merely a relationship with D, and it is difficult to recognize that it was a de facto marriage or a person living together, with the Plaintiff’s spouse or a person living together.
D maintained close economic relationship, such as lending money several times to D and guaranteeing D's debts.
[Ground of recognition] Facts without dispute, Gap 1 through 5, 7, 9 evidence, Eul 1 through 3, 8 evidence, witness E, C, and D's testimony, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, it is reasonable to view that the Plaintiff entered into a new agreement with the Defendant to pay KRW 60,000,000 to the Defendant by February 28, 2015, by preparing the instant notarial deed for the repayment of investment funds to the Defendant, etc., and in light of all the circumstances, there is a monetary lending relationship between the Plaintiff and the Defendant.
In relation to D, the Plaintiff is deemed to be in the position of guarantor.