대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. On October 22, 2012, the Plaintiff transferred total of KRW 62 million to the Defendant’s deposit account in response to the Defendant’s demand for tea.
(1) The Plaintiff was issued a sales contract as to D. D. 401 in Eunpyeong-gu, Seoul, the Defendant owned by the Defendant as security for the above loan obligation, and was issued a sales contract as to D. 401, which is owned by the Defendant.
0 00,000 won KRW 15 million on September 7, 2012, KRW 0,000,000 on October 22, 2012, KRW 20 million on November 5, 2012, KRW 0,000,000 on November 8, 2012, KRW 00,000 on December 31, 2012, KRW 00,000 on March 22, 2012, KRW 500,000 on March 25, 2013.
B. Therefore, the defendant is obligated to pay the money stated in the claim to the plaintiff.
2. Determination C remitted to the Defendant KRW 15 million on September 7, 2012, KRW 15 million on October 22, 2012, KRW 20 million on November 5, 2012, KRW 8 million on November 19, 2012, KRW 500,000 on December 31, 2012, KRW 300,000 on February 25, 2012, and KRW 50,000 on March 25, 2013, the Plaintiff and the Defendant drafted a consulting contract to the same effect as the following, there is no dispute between the parties.
0 The defendant shall exclusively delegate the case of selling real estate owned by the defendant to the plaintiff.
0 The plaintiff shall lend a total of KRW 58 million to the defendant, and the interest thereon shall be interest on the third part of the month from the date of loan.
However, this loan and interest shall be collected within the extent of the value of real estate sold by the defendant, but in excess, the plaintiff shall not claim to the defendant.
However, in light of the following circumstances, the evidence Nos. 1, 2, 4, 5, and 1 through 12, and the witness E’s testimony as a whole, it is difficult to confirm that the above amount for which the plaintiff sought a return to the defendant is a loan under a loan agreement for consumption under the Civil Act, and there is no other evidence to acknowledge it otherwise.
0 The Plaintiff, a registered credit service provider, is the Plaintiff.