대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C is the husband of the Plaintiff, and D is the father of the Plaintiff.
B. The defendant was the representative director of E Co., Ltd. (E).
C. On May 31, 2011, the Defendant borrowed KRW 300 million from C. On May 12, 2017, the Defendant drafted a written confirmation confirming that the legal relationship arising from the said loan of KRW 300 million with C’s agent F and F were all terminated.
For the first time between December 13, 2013 and April 28, 2017, the amount of KRW 1 million per month was deposited in the account of ABK (IBK) of ABK (Account G, Account Name D; hereinafter the same shall apply) in the Defendant’s name.
E. 50 million won was deposited from the Defendant to the instant account on December 27, 2013.
(hereinafter) The instant deposit. The customer name is indicated as “Defendant (H)” and “Ik-to-be” as “Defendant (H)” in the instant deposit account statement.
F. From January 28, 2014, KRW 50 million was divided into KRW 20 million, KRW 20 million, and KRW 10 million, each of which was remitted to the Defendant in the instant account.
(hereinafter referred to as “the remittance in this case”). The customer name is “Defendant (H)” and “I restaurant” is indicated in the details of remittance in this case.
[Reasons for Recognition] Unsatisfy, Entry of Evidence A No. 1, purport of whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion 1) The Defendant agreed with the Defendant to repay KRW 50 million to the Plaintiff as soon as possible, on the ground that “I wish to use the E’s operating capital,” and the Plaintiff lent KRW 50 million to the Defendant at the earlier date than December 13, 2013. (2) The Plaintiff lent KRW 50 million to the Defendant at the earlier date, and received KRW 1 million interest each month from December 13, 2010 to December 2013. However, the Plaintiff received KRW 50 million interest per month from the instant remittance to the instant account. < Amended by Presidential Decree No. 24270, Feb. 1, 2014>