대여금
1. Defendant B’s KRW 140,000,000 as well as 5% per annum from June 3, 2016 to December 20, 2016 to the Plaintiff.
The plaintiff loaned to the defendant B a total of KRW 150 million, including KRW 80 million on or around February 2008, and KRW 350 million on or around November 201, 201, without fixing the due date for payment, and thereafter, he/she received KRW 140 million on or around February 201, 200. Thus, the plaintiff sought payment of KRW 150 million on the remainder of the loan. The plaintiff asserted to the defendant C as to the judgment of confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act). The plaintiff loaned the loan to the defendant C by not later than August 26, 2007, and around February 26, 2007, the loan amount of KRW 50 million was deducted from the loan amount of KRW 40 million on or around the loan amount of KRW 5 million.
As to this, Defendant C asserts as follows.
“The fact that the Plaintiff received KRW 45 million from the Plaintiff is recognized. However, at the time, the Plaintiff and Defendant C agreed to invest “F” used in the “E”, which is an online game, in the automatic program, and the Plaintiff and Defendant C agreed to invest in the said program together. Accordingly, the Plaintiff invested KRW 45 million received from the Plaintiff and Defendant C’s money in D, and purchased computers and automatic hunting programs necessary for the said program, but suffered losses due to the suspension of the said program. As such, the Plaintiff did not borrow money from the Plaintiff, the Plaintiff could not comply with the Plaintiff’s request, and there is insufficient evidence to acknowledge this.
Rather, comprehensively taking account of the respective descriptions of evidence Nos. 1 and 2 and witness G’s testimony, there is no evidence between the Plaintiff and the Defendant that the Plaintiff demanded payment of KRW 45 million to Defendant C before the instant lawsuit was filed, and there is no evidence that the Plaintiff demanded payment of KRW 45 million, when the Plaintiff reduces the amount of KRW 45 million to Defendant C as a check, and Defendant C was from the Plaintiff.