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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. Nonparty D, with the trade name of “E”, is a person who is engaged in credit business from December 21, 2004 to December 31, 2009, and the Plaintiff was referred to D, and the Defendant is the spouse of Nonparty C.
B. On April 17, 2008, the Plaintiff decided to lend KRW 200 million to C upon the request of F, a substantial operator of F, and paid KRW 19,55 million remaining after deducting KRW 4.5 million of the cost of establishing the right to collateral security, as C’s account. The Plaintiff paid KRW 82 million on April 17, 2008, KRW 20 million on April 23, 2008, KRW 7.3 million on April 24, 2008, as C’s account.
C. On April 17, 2008, the Plaintiff and C decided on April 17, 2008 to prepare a notarial deed of a monetary loan agreement for consumption with respect to KRW 800 million including the above 200 million loan and the debt of the previous loan to the Plaintiff, the principal debtor F, the joint guarantor C and C as the defendant as his wife and C, and damages for delay to each of them.
Accordingly, Nonparty G and C, an agent of the Plaintiff, entrusted a notary public with the preparation of a notarial deed on the same day to the notarial deed-based general law office, and the notary public prepared a notarial deed (hereinafter “instant notarial deed”) with the following contents as the notarial deed (hereinafter “instant notarial deed”) by No. 667 of 2008, the said notarial deed-based claim(s).
At the time, C entrusted the preparation of the Notarial Deed as an agent of Defendant and F Co., Ltd.
The notarial deeds of a monetary loan agreement - The plaintiff - The debtor - the joint and several sureties: C, the defendant - the loan principal: KRW 800 million - The due date: July 16, 2008 - Delay damages: 20% per annum.
D. The Defendant paid to the Plaintiff the sum of KRW 5 million on August 29, 2012, KRW 5 million, KRW 5 million on January 4, 2013, and KRW 12 million on March 22, 2013 (hereinafter “instant money”).
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence No. 1-1, 2, and 3, the purport of the whole pleadings
2. The cause of the action.