대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion that the Defendants, around 1996, requested the Plaintiff to lend the purchase price for three apartment bonds sold by the Defendants to the Plaintiff, and the Plaintiff lent KRW 120 million to the Defendants.
The Defendants, from December 2009 to May 201, 2017, remitted the sum of KRW 59 million to the Plaintiff and repaid it.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the 61 million won unpaid and the delayed payment damages.
2. We examine whether the Plaintiff lent KRW 120 million to the Defendants.
There is no dispute between the parties that Defendant B remitted the sum of KRW 59 million to the Plaintiff from December 27, 2009 to May 25, 2017, or that it may be recognized by the statement in the evidence No. 1.
However, each of the above facts and Gap evidence Nos. 2 through 5 (including a branch number) cannot be deemed to have lent KRW 120 million to the defendants, and there is no other evidence to prove otherwise.
Therefore, the plaintiff's assertion is without merit.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.