1. The plaintiff's claim is dismissed.

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

1. Around April 11, 2013, the Plaintiff leased KRW 50 million to C, and the Defendant concurrently acquired the Defendant’s spouse’s above loan obligation on October 17, 2013.

For this reason, the defendant is entitled to pay the above borrowed money.

On the other hand, C, by deceiving the plaintiff, acquired the above 50 million won as a loan, and the defendant conspiredd with C to use the financial account under his own name and acquired real estate in his own name.

For this reason, the defendant, who is a joint tortfeasor, is seeking damages equivalent to the amount of fraud.

2. According to each of the statements in Gap evidence Nos. 1 through 9, it is recognized that C obtained money from the plaintiff, including the above 50 million won, from the plaintiff, or obtained money from the plaintiff, and there is no counter-proof. Therefore, it is examined whether the defendant bears the obligation to pay or compensate the above amount directly to the plaintiff.

First of all, as seen earlier, the fact that the Defendant is the spouse of C is the Defendant’s spouse, and the fact that C received part of the above money as the account under the name of the Defendant, and the Defendant agreed to provide the Plaintiff with the real estate under its own name for the repayment of the obligation of C, does not dispute the Defendant, but it is insufficient to recognize that the Defendant agreed to take over the above obligation borne by C solely on the basis of the above circumstances and the statement of the evidence No. 3, and there is no other evidence to acknowledge it.

Thus, the plaintiff's claim on the ground of debt acquisition is without merit.

Next, there is no dispute between the parties on the facts that C used the account in the name of the defendant in receiving money from the plaintiff as to the joint tort claim. According to the evidence above, C may recognize the fact that a part of the real estate was acquired in the name of the defendant by acquiring money from the plaintiff from the plaintiff, but the above circumstance alone is above that of C.