대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant lent KRW 60 million to the Defendant on November 1, 2012, and KRW 10 million on November 5, 2012, with the due date specified on December 5, 2012, the Plaintiff asserted that the Plaintiff deposited KRW 40 million in the account under the name of the Defendant Company C (hereinafter “C”), the representative director of which, according to the evidence No. 1, deposited KRW 10 million in the account under the name of the Defendant’s personal name on November 5, 2012.
However, in light of the following circumstances that are recognized by comprehensively integrating the purpose of the entire pleadings in each statement in Eul evidence Nos. 1 through 6 (including the number of branches in the case of each number), it is insufficient to recognize that the plaintiff lent KRW 60 million to the defendant only with the above facts of recognition and the statement in Gap evidence Nos. 3 through 6 (including the number of branches in the case of each number), and there is no other evidence to prove otherwise.
① The Plaintiff actually operates D, and the Defendant is the representative director C.
② According to the transaction agreement entered into between D and C on October 5, 2012, D and C were to pay advance payment of KRW 500 million to C. However, D was to pay advance payment of KRW 20 million on September 24, 2012, KRW 40 million on October 19, 2012, and KRW 110 million on October 30, 2012, and KRW 10 million on October 30, 2012. As such, D did not fulfill its obligation to pay advance payment of KRW 60 million to C.
③ On November 1, 2012, 40 million won deposited into the account of C on the same day is deemed consumed in order to repay the price of goods to the trader of C.
Thus, the plaintiff's claim is dismissed as it is without merit.