대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On June 23, 2014, the Plaintiff asserted that on the part of June 23, 2014, the Plaintiff lent KRW 40 million to the Defendant (hereinafter “instant loan”) and received reimbursement of KRW 4295,80,00 among them. Meanwhile, the other party to the instant loan is his father, who is the Defendant’s father. However, C borrowed the said loan by means of transfer to the Defendant’s account in order to raise housing funds to be residing with his family members and used it for his family members. The Defendant is a family member residing in the same house as C and is responsible for the repayment of the said loan.
2. In light of the reasoning of the judgment as follows: (a) the statement of No. 1 alone is insufficient to recognize that the Defendant was the other party to the instant loan; (b) there is no other evidence to acknowledge it; and (c) in addition to the overall purport of the pleadings in the statement of No. 1 through No. 6 (including the serial number), the Plaintiff appears to have lent the Defendant’s father C.
On the other hand, even if C borrowed the instant loan under the name of the Defendant, and the said loan was remitted to the account under the name of the Defendant, and even if the Defendant was a family living together with C, such circumstance alone cannot be deemed as the Defendant’s liability for repayment of the said loan, and there is no other evidence to acknowledge it otherwise.
3. Thus, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.