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Reasons
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(영문) 서울고등법원 2016.03.23 2015나2027697
대여금
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1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. From 196 to 196, the Plaintiff subscribed to the order of co-defendant B (hereinafter “B”) operated by the Co-Defendant B of the first instance trial (hereinafter “the order of this case”). The order of this case was ordinarily composed of 24 units, and the fraternity was paid in cash or by account transfer at the end of every month for 24 months. The order of this case was operated by the method of collecting KRW 10,000,000, which is the amount calculated by adding interest of 1.5% per month to the order of payment by each co-Defendant of the first instance trial.

B. B, instead of paying the fraternity to the fraternity having the sequence of receiving the fraternity, prepared and delivered a loan certificate by applying the interest rate of 1.5% per month to the corresponding amount and then paid the relevant money, the above loan certificate was recovered, and if the said money is not paid, the new loan certificate was prepared and issued.

Accordingly, B, around December 30, 2008, 20,000 won, around January 7, 2009, KRW 100 million, around April 30, 2009, KRW 50,000,000 around November 2, 2009, KRW 30,000,000 around May 30, 201, and KRW 45,000,00,000 around October 30, 201 (hereinafter “each of the instant loans”).

C. Since then, B paid to the Plaintiff the interest of each of the instant loans only until November 30, 2013. On January 29, 2014, KRW 20,000,000 as the principal of the said loans, and KRW 25,00,000,000 as the principal amount of the said loans.

Defendant and B were married, and the agreement was married on April 16, 2014 after the filing of the instant lawsuit.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 5, 8 through 16, 19, 20, 21, 24, Eul evidence Nos. 4, 5, 8, 10, 14 (which include each number; hereinafter the same shall apply), witness D of the first instance court, witness D of the E, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. (1) As to whether the Plaintiff is a joint owner or joint operator, the Defendant alleged the Plaintiff’s assertion is the instant guidance.

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