대여금
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The defendant and the defendant's spouse Eul jointly operated an entertainment drinking club (hereinafter "the entertainment drinking club in this case") with the trade name "G located in Seo-gu Incheon, Seo-gu, Incheon (hereinafter "the entertainment drinking club in this case"), and the plaintiff worked as the head of the office who manages the entertainment drinking club in this case.
B. From the passbook in the name of the plaintiff (Account Number: H: hereinafter referred to as "Plaintiff No. 1 Nonghyup"), the National Bank passbook (Account Number: I; hereinafter referred to as "Defendant National Bank passbook") in the name of the defendant living together with the defendant at the time of the defendant was transferred to KRW 1.2.4 million on April 2, 2012; ② KRW 1.8 million on May 16, 2012; ③ KRW 1.9 million on May 18, 2012; ④ KRW 100,000 on May 30, 2012; ⑤ KRW 1 million on May 31, 2012; ② KRW 300,000 on June 14, 2012; and KRW 200,000 on June 19, 2012; and KRW 300,000 on June 25, 201.
(1) The sum of the amounts set forth in paragraphs (1) through (1) above is KRW 19.6 million (hereinafter “the money of this case”). [Grounds for recognition] There is no dispute, Gap evidence 1-1 through 10, Eul evidence 1-5, and the purport of the whole pleadings.
2. The parties' assertion
A. The Plaintiff’s assertion is liable to pay the Plaintiff KRW 19.6 million and its delay damages, since the Defendant lent the instant money to the Defendant by means of remitting the sum of KRW 19.6 million to the Defendant’s passbook in the name of Defendant C, which the Defendant uses.
B. It is true that the money of this case was remitted to the head of the Defendant’s national bank passbook, but the money of this case (1), (2), (8) is the money that the Plaintiff lent to D through the Defendant, and (3), (7) is the money that the said money was paid to the loan managed by the Plaintiff, and (4), (5), and (6) is each of the above money from the Plaintiff.