대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The mother-friendly E of the Defendants, and the mother-child E of the Defendants, such as the Plaintiff’s marriage and divorce, were living together with the Plaintiff from around April 2000, and re-born with the Plaintiff on January 23, 2003, and thereafter, on August 10, 2018, the judgment on divorce, etc. was finalized on February 21, 2020 by filing a lawsuit against the Plaintiff, including divorce, with the Jeonju District Court 2018 Ddern 4898.
On the other hand, on January 8, 2013, Defendant B started wholesale business, including functional health foods, and the Plaintiff’s Dong F transferred KRW 30,000,00 to Defendant B’s account on January 16, 2013 (hereinafter “Defendant B’s Dong F”) to Defendant B’s account, and entered the details column as “C lending,” “C lending,” “C lending,” and “C lending,” and entered as “loan (D).”
The amount No. 1 was used as the business funds of the Defendants.
After that, on June 1, 2015, the Plaintiff paid KRW 30,000,000 to Defendant B without fixing the due date. Defendant B transferred KRW 1,20,000 (total KRW 31,200,000) every 26 times from June 25, 2015 to July 25, 2017 to the Plaintiff’s account.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 2, 3, and 5, the purport of the whole pleadings
2. Determination
A. As the instant lawsuit, the Plaintiff asserts that: (a) the Plaintiff lent the money to the Defendants from the East F to the Plaintiff; (b) the Defendants sought joint payment; and (c) the Plaintiff did not receive KRW 8,200,000 out of the total amount of KRW 2 that was lent to the Defendant B; and (d) the Plaintiff sought payment from the Defendant B.
As to this, the Defendants: ① The amount of money No. 1 is the Plaintiff’s contribution to the Defendants’ business capital, and is not so.
Even if the claim is extinguished, the statute of limitations has expired, and ② The second money has been repaid in full.
B. (1) First, we examine the money No. 1.
In light of the relationship between the source and the Defendants recognized as above and the date and time of remitting the money No. 1, the money will be transferred between the Plaintiff and the Defendants at the time of transfer.