대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
According to the evidence evidence Nos. 1 and 2, there is no dispute between the parties or according to the Plaintiff’s transfer of KRW 32,950,000 to the account under the name of the Defendant on June 8, 2015, and KRW 1,000,000 to June 12, 2015.
(hereinafter “the instant money”). The Plaintiff asserts that the Plaintiff loaned the instant money to the Defendant on August 31, 2015, by setting the due date for payment.
In order to be a loan under a loan for consumption under the civil law, the plaintiff's intent of loan and the defendant's intent of loan should be implicitly agreed.
It is insufficient to acknowledge that there was a mutual agreement between the Plaintiff and the Defendant as to the fact that the instant money was a loan under a loan agreement at the time of transfer of the said money by the witness and the testimony of the witness C, and there is no other evidence to prove otherwise.
Rather, in full view of the description of No. 1-3 and No. 2 of the evidence No. 1-2 and the purport of the entire pleadings in witness D’s testimony, it is recognized that the Plaintiff remitted the instant money to the Defendant’s account in the course of investing USD 30,000 to E through the Defendant who invested in E on June 28, 2015.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.