대여금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted each of the amounts of KRW 10 million to the defendant's account on August 1, 2010, KRW 500,000,000 on August 17, 2010, KRW 9 million on September 1, 2010, and KRW 6.5 million on September 14, 2010.
2. Determination
A. The plaintiff alleged that he lent the above money to the defendant, and the defendant lent money to the non-party C, who is the father of the defendant, but the defendant lent the passbook to C, and the defendant also used the money borrowed to C, so he should be held liable for it.
B. However, the Defendant’s account that received money was opened on March 2004 and the Defendant was 16 years old at the time was clear in the calculation, and it is difficult to view that the Defendant opened the account and lent it to C as the Plaintiff’s assertion, and there is no evidence to acknowledge it.
In addition, as long as the plaintiff extended money to C, the money must be repaid by C, and some of the money the plaintiff paid to C, like the plaintiff's assertion, left to the defendant.
Even if such circumstance alone, the defendant cannot be held liable for the repayment of the money.
3. Accordingly, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.