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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 30, 2014, the Defendant and C drafted a loan certificate stating “10,000,000 won for tea, interest rate of August 30, 2014, 2014, and 2.5% for the obligor C and the Defendant who is a joint and several surety” (hereinafter “the loan certificate of this case”).
B. On the following day, the Plaintiff deposited KRW 97,00,000 in the account under the name of the Defendant (the Bank D, hereinafter “instant account”).
C. E filed a complaint against the Defendant on charges of fraud by asserting that “E loaned KRW 100,00,000 to the Defendant, which he became aware of through the Plaintiff’s introduction, deducted interest and deposited KRW 97,00,000 into the instant account, and as the Plaintiff was represented by E in the process, the obligee is written in the instant loan instrument, and the obligor and the joint guarantor were entered as the Defendant’s wishes, but the Defendant did not have any intent or ability to repay the said money at the time.”
On July 31, 2015, the Seoul Eastern District Prosecutors' Office did not lend money to the defendant and deemed that the plaintiff invested in the illegal private horse by lending money from E. Thus, the defendant was not prosecuted on the ground that there is insufficient evidence to acknowledge the defendant's suspicion of fraud.
(Seoul Dong-dong District Prosecutors' Office 2015 Form No. 2931. [Grounds for Recognition] / [In the absence of any dispute, Gap No. 1, 3, and 7, Eul No. 1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The gist of the claim 1) The Plaintiff lent KRW 100,000,000 to C (100,000 less interest from KRW 100,000,000) and deposited KRW 97,00,000 as 1-B.
(2) As the Defendant jointly and severally guaranteed the obligation to pay the above loan amount, the Defendant is obligated to pay the Plaintiff KRW 100,000,000 and interest thereon. (2) The Plaintiff invested in the illegal private horse business run by C and F using the instant account used by the Plaintiff, and did not lend KRW 100,000 to C.