대여잔금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. As between July 27, 2012 and October 25, 2012, the Plaintiff loaned KRW 37.5 million to C on nine occasions to a bank account under the name of the Defendant, and thereafter, the Defendant remitted KRW 7 million to a bank account under the name of the Plaintiff on May 22, 2013 under the name of D Co., Ltd. under the name of the Defendant’s management to the bank account under the Plaintiff’s name does not conflict between the parties, or is recognized in accordance with the purport of each of the descriptions in subparagraphs 1 and 2 as well as the entire arguments.
2. The plaintiff's assertion and judgment asserted that since the plaintiff only lent 37.5 million won to C, which was 7 million won, the defendant who finally consumed the above money, is liable to pay 30.5 million won of the unpaid balance to the plaintiff.
However, even according to the Plaintiff’s assertion, since a person borrowing the above KRW 37.5 million is not a defendant but C, the Plaintiff cannot seek a direct repayment against the Defendant, aside from seeking the repayment of the above loan against C.
Furthermore, there is no assertion or proof by the Plaintiff as to the fact that the Defendant assumed the above 30 million won loan obligation from C.
Therefore, the plaintiff's assertion that the defendant is responsible for repayment of the above loan is without merit.
3. The plaintiff's claim is dismissed.