대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The plaintiff asserted that on July 31, 2008, the plaintiff lent 5 million won to the defendant by way of remitting money to the defendant's account under the name of the defendant, and that the defendant is obligated to pay 5 million won and damages for delay to the plaintiff, the defendant asserted that he was liable to pay 5 million won and damages for delay to the plaintiff. The defendant asserted that he only used the defendant's account in his name while borrowing money from the plaintiff, who is a bad credit holder C, and that he did not borrow money from the plaintiff.
2. According to the evidence No. 1 of the Plaintiff’s assertion, the Plaintiff’s transfer of KRW 5 million to the Defendant’s account on July 31, 2008 can be acknowledged.
Furthermore, there is no evidence to acknowledge that the Plaintiff remitted the above money pursuant to the lending agreement with the Defendant.
Plaintiff
Even according to the assertion, the Plaintiff’s remittance of money from C to the account under the name of the Defendant is difficult to view that the Plaintiff wired money to the account under the name of the Defendant, i.e., he received the statement that the Defendant would have repaid the money and wired money to the Defendant’s account.
The plaintiff's ground of claim is without merit.
3. Conclusion, the plaintiff's claim shall be dismissed as it is without merit.
The judgment of the court of first instance is unfair with different conclusions, and thus, the judgment of the court of first instance is revoked, and the plaintiff's claim is dismissed. It is so decided as per Disposition.