양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. C transferred KRW 143,708,070 in total to the Industrial Bank of Korea D account under the name of the Defendant on July 17, 2014 to January 5, 2015 (hereinafter “instant money”).
B. On July 9, 2015, C transferred a loan claim on the instant money to the Plaintiff on the premise that he/she lent the instant money to the Defendant.
【Fact-finding without a dispute over the grounds for recognition, Gap evidence 1, 2, Eul evidence 2, the purport of the whole pleadings
2. The summary of the Plaintiff’s assertion C lent the instant money to the Defendant, and transferred the loan claim to the Plaintiff.
Therefore, the defendant is obligated to repay the instant money to the plaintiff as the transferee of the claim.
3. Determination
A. The fact that C remitted the instant money to the account under the name of the Defendant is as seen earlier.
However, such circumstances, Gap evidence Nos. 1 through 8, and testimony of witness C alone are insufficient to recognize the defendant as the debtor who borrowed the instant money from Eul, and there is no other evidence to acknowledge it.
B. Rather, considering the following circumstances that are acknowledged by comprehensively taking account of the descriptions of Gap evidence Nos. 5-8, Eul evidence Nos. 1, 4, and 5, and witness Eul’s testimony as a whole, it is reasonable to deem that the debtor who borrowed the instant money from Eul is E.
Therefore, we cannot accept the Plaintiff’s assertion premiseding that the Defendant is a loan obligor.
C On July 4, 2014, the Defendant’s father, lent KRW 20,000,000 to E by means of remitting it to E’s account in the name of E, and received the certificate of borrowing from E.
E loaned money to C in the absence of full payment of the above money.
C. Upon refusal, E said that “The Defendant will pay the money to the Defendant’s account in the name of the Defendant, a parent of a large enterprise.”
C No. 1. A
As in the same paragraph, the instant money was paid to the Defendant’s account under the name of the Defendant.
However, C is intended to communicate with the defendant or communicate with the defendant.