대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff loaned KRW 50,00,000 to the Defendant on March 27, 2012 at the interest rate of KRW 7% per annum and on December 30, 2013, and accordingly, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 50,000,000 and delay damages.
2. According to the reasoning of the judgment below, Gap evidence Nos. 1 through 3 (including paper numbers) and Eul evidence Nos. 3, the defendant made a monetary lending contract (Evidence No. 1-1) to borrow KRW 50,000 from the plaintiff on March 27, 2012, and the plaintiff remitted KRW 50,000 to Eul on April 2, 2012, and Eul remitted KRW 50,000 to the plaintiff (child) on April 3, 2012, as the defendant's representative director D's passbook, the defendant transferred KRW 71,950,000,000 to the above 50,000 won, including the above 50,000,000 won to the defendant's representative director D's passbook, and the defendant's assertion that the above plaintiff transferred to the plaintiff on May 30, 201 to April 1, 2014 was without any other evidence.
Rather, in light of the respective descriptions of evidence Nos. 1 through 4 and the purport of the entire pleadings, C borrowed KRW 50,000,000, out of KRW 72,000,000 agreed with D, E, etc. at the time of establishment of the Defendant, and remitted KRW 71,950,000 in total to D, and the Defendant appears to have paid the said money to the Plaintiff’s account designated by C and C as dividends for the said investment amount.
(3) The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices. It is so decided as per Disposition by the assent of all participating Justices.