약정금(차용금)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by each person;
As the cause of the instant claim, the Plaintiff remitted KRW 110,000,000 between July 30, 2015 and November 24, 2017 to Nonparty C’s account in the name of Nonparty C, and lent it to the Defendant.
10,000,000 won is claimed against the defendant on the ground that the defendant agreed to pay the above KRW 110,000 by guaranteeing the principal amount.
First of all, the burden of proving that there was a lending agreement with respect to the claim for the loan, and the monetary loan agreement is established when one of the parties agrees to transfer the money to the other party, and the other party agrees to return the money in cash, with or without compensation, letter or influent, and influent contract, the other party bears the burden of proving
Therefore, the evidence of the plaintiff's submission is insufficient to recognize that the plaintiff lent 110,000,000 won to the defendant, and there is no other evidence to recognize it.
Next, it is not sufficient to recognize that the Defendant entered into an agreement as alleged by the Plaintiff solely with respect to the claim for agreed amount, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.