대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The Plaintiff’s assertion and determination that the Plaintiff transferred KRW 15,00,000 to the bank account in the name of the Defendant, the father of C, to a bank account in the name of the Defendant, which was the father of C, upon receiving a request for lending money from C (the death of March 20, 2015), which was known to the general public, and that at the time, the Defendant would be held liable for the Defendant by telephone conversations with the Defendant. As such, the Defendant asserts that the Plaintiff is obligated to return the borrowed money to the Plaintiff as the lender of KRW
According to the statement in Gap evidence No. 1, the plaintiff can be found to have remitted KRW 15,00,000 to the bank account (corporate bank D) under the defendant's name on September 26, 2014.
However, according to the purport of the entire pleadings, it is recognized that the above bank account was used by Pyeongtaek C, and further, the plaintiff made a call with the defendant at the time when the plaintiff remitted the above money.
or there is no evidence to prove the fact that the defendant promised to pay the above money.
Therefore, a person who borrowed the above 15,00,000 won shall be C, and there is no evidence to regard the above money as a person who borrowed the above money, and the plaintiff's assertion shall not be accepted.
2. As such, the plaintiff's claim shall be dismissed without any justifiable reason, and the judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.