대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to the cause of claim
A. The plaintiff asserts that the plaintiff lent KRW 332,856,574 to the defendant who is the son as shown in the attached Form.
As to this, the defendant asserts that among the loans the plaintiff asserts, ① the amount of KRW 6,11, and KRW 87,000,000,000,000 for the real estate sold to the defendant who is the defendant, ② some of the amount was unilaterally remitted from the plaintiff side to the relationship in which the defendant is holding the passbook, and the defendant did not use the money that the defendant remitted, ③ the remainder was donated to the defendant on the ground that the plaintiff made a house for all of his house in the Han River as well as the defendant.
B. According to the reasoning of each of the evidence Nos. 2-1, 2, 4 through 8, 12-1, 2, 15-1, and 2 of the evidence Nos. 12-2, 15-2, and 332,856,574, a sum of which is 332,856, and 574, from April 12, 201 to July 12, 2013, were transferred from the Plaintiff’s deposit account to the Defendant’s deposit account in the Plaintiff’s name. However, it is insufficient to recognize that the Plaintiff lent the above remittance to the Defendant, and there is no other evidence to prove otherwise.
Rather, in light of the following circumstances acknowledged by the evidence mentioned above, Gap evidence Nos. 1, 3, 14 (including paper numbers; hereinafter the same shall apply), Eul evidence Nos. 1, 2, 7, 11, and the purport of the entire pleadings and arguments, it is difficult to recognize the money remitted to the defendant’s deposit account in the name of the defendant as loans, as shown in the attached Table.
1) On June 11, 2012, the Plaintiff asserted that KRW 87 million was remitted to the Defendant, but the Defendant, on June 7, 2012, sold the Defendant’s 1/2 shares in E-Si, E-si, in which the Defendant and C own 1/2 shares each of the Defendant and C, on June 7, 2012, and C remitted KRW 87 million to the Plaintiff’s deposit account on June 8, 2012, and on June 11, 2012, transferred KRW 87 million from the Plaintiff’s deposit account to the Defendant’s deposit account.