대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Summary of both claims;
A. The gist of the cause of the claim asserted by the Plaintiff is that the Plaintiff is liable to pay the Plaintiff the above loan amounting to KRW 800 million, interest or delay damages, after receiving a request from the Defendant, a company operating steel wholesale business, etc. to lend KRW 800 million to the Defendant on September 10, 2013.
In addition, the Defendant received KRW 800 million from the Plaintiff on September 10, 2013 without any legal cause. Therefore, the Plaintiff is obligated to pay KRW 800 million and its delay damages as the return of unjust enrichment to the Plaintiff.
B. The summary of the Defendant’s assertion received KRW 800 million from the Plaintiff on September 10, 2013, but among them received KRW 139.7 million from the Defendant’s purchase price, and the remaining KRW 660.3 million from the Defendant’s representative director C received part of the provisional payment from the Defendant from the Defendant from 2008 to 2013.
Therefore, the defendant did not borrow the above KRW 80 million from the plaintiff, and it does not receive the above KRW 800 million from the plaintiff without any legal ground.
2. The fact that the Plaintiff remitted KRW 300 million to the Defendant on September 10, 2013, to the Defendant is either a dispute between the parties or may be recognized according to the statement of Gap evidence No. 1. However, as alleged by the Plaintiff, the Defendant borrowed KRW 800 million from the Plaintiff as alleged by the Plaintiff.
It is insufficient to deem that a remittance of KRW 800,000 has been received without any legal cause, and there is no other evidence to acknowledge it.
Rather, according to the result of the response to the order to submit each financial transaction information to the Plaintiff, including Eul evidence Nos. 1 to 4, the Industrial Bank of Korea, and the new bank, the Plaintiff: (a) went out of the police officer around August 2013 after being abused by C, and then brought a lawsuit of divorce, etc. against C around October 2013; (b) the Defendant received from the Plaintiff the transfer of KRW 300 million to KRW 139,70,000, KRW 360,300,000, KRW 5000, and KRW 360,30,000,000 from the representative director.