대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserts that the Plaintiff is liable to pay the Plaintiff the remainder of the loan amounting to KRW 75,500,000 and the delay damages amounting to KRW 75,50,000,000, on 23 occasions from March 10, 2018 to April 14, 2018.
In this regard, the defendant asserts that the defendant's mother C used the Nong Bank account under the name of the defendant, and the person who lent money from the plaintiff is not the defendant but C.
2. According to the health department, Gap evidence No. 1-1 and No. 2 as to whether the defendant was the other party who made a loan transaction with the plaintiff, the fact that the plaintiff transferred money several times from March 10, 2018 to April 14, 2018 is recognized.
Meanwhile, comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, the Defendant’s mother appears to have engaged in monetary transactions with the Plaintiff using the Nonghyup Bank account in the name of the Defendant, and it is difficult to view that the Defendant bears the obligation to return the instant loan solely on the ground that he/she used the passbook under his/her name C.
Therefore, the plaintiff's claim based on the premise that the defendant is the opposite party to the loan transaction of this case is without merit.
3. The plaintiff's claim is dismissed as it is without merit.