대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The purport of the parties’ assertion is that the Plaintiff, from November 3, 2008 to June 28, 201, remitted the Defendant a total of KRW 50,095,000 to the Defendant’s account under the name of the Defendant, and thus, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50,095,00,000, and the delay damages therefrom. The Defendant asserted that the account in the name of the Defendant that the Plaintiff remitted was used by the Defendant’s mother at the time of the Plaintiff’s transfer, and that the Defendant did not request the Plaintiff to lend money to the Plaintiff.
2. According to the reasoning of the judgment below, Gap evidence No. 3, as alleged by the plaintiff, can be acknowledged that the sum of 50,095,000 won was remitted from the account under the name of the defendant to the account under the name of the defendant from November 3, 2008 to June 28, 2011, as alleged by the plaintiff, from November 3, 2008 to June 28, 201. However, even in the case of the plaintiff's assertion, the plaintiff merely remitted money from the defendant's mother C to the account under the defendant's name upon receiving a request for remittance from the defendant's mother C, and the person who has not received a request for remittance or lending money directly from the defendant. According to Eul evidence No. 1 (Account Transaction Details), if the amount remitted from the account under the plaintiff's name to the account under the defendant's name from June 5, 2008 to July 16, 2012 to the plaintiff's claim that the plaintiff lent more than the above amount to the defendant.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.