1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The summary of the cause of the claim is the defendant's birth, D is the plaintiff, and E is the defendant's husband and wife.

From August 18, 2015 to April 17, 2018, the Plaintiff lent KRW 195,50,000 to Defendant and E, etc., and received a refund of KRW 167,850,000 until around that time. Therefore, even if all the returned money was appropriated for the principal, the Plaintiff did not receive a loan of KRW 27,650,000.

Therefore, the defendant is obligated to repay the above loan as an indivisible debtor or a single debtor, and even if the defendant's wife Eul is the sole debtor of the above loan, the defendant bears the joint and several liability according to the daily price. Thus, the defendant is liable to pay the above money and the damages for delay to the plaintiff.

2. Determination

A. Determination 1 on the assertion that the nature of the above loan obligation is an indivisible obligation of Defendant and E, etc.) The Plaintiff asserts that, on the basis of the judgment, as long as the Defendant and E, who were married, have received money from the Plaintiff to raise funds for living expenses, apartment purchase funds, and F marriage expenses, the repayment obligation of the above loan should be deemed to have been implicitly agreed to assume an indivisible obligation in view of whether the relationship between Defendant and E should be deemed as an indivisible obligation in the event that multiple obligors become obligors under the Civil Act, but it is reasonable to interpret that multiple debtors bear an indivisible obligation in view of the nature of payment, transaction practices, intent and relationship of the parties, transaction circumstances, etc. (see Supreme Court Decision 2014Da26521, Aug. 20, 2014). The Plaintiff’s assertion that the legal principles cited by the Plaintiff is based on the premise that both Defendant and E, etc., first of all, should be considered as an indivisible obligation without considering the nature of the above loan obligation.