대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, based on the introduction of L/C with usual friendship C, lent to the Defendant the repayment period of KRW 50 million on February 23, 2015, and KRW 80,000 on February 26, 2015, respectively, by setting the period of repayment to the Defendant two to three months after the date of lending.
Therefore, the defendant should pay to the plaintiff the total amount of the above loans KRW 50.8 million and damages for delay.
2. According to the statement in Gap evidence No. 1, the fact that the plaintiff remitted the amount of KRW 50 million on February 23, 2015 to the account under the name of the defendant, and KRW 80,000 on February 26, 2015 is recognized.
However, there is no evidence to acknowledge whether the sum of KRW 50,80,000 is a loan to the defendant.
Rather, in full view of the entries in the evidence Nos. 1 and 2 and the overall purport of the pleadings in the witness C’s testimony, the Defendant lent to C the account in the name of the Defendant, and only can it be recognized that the Plaintiff transferred the above KRW 50.8 million to the account in the name of the Defendant, which was operated by C, was used as business funds of D Co., Ltd. operated.
Therefore, the plaintiff's above assertion is inappropriate.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is not justified, and it is so decided as per Disposition.