대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
A court in charge of a civil trial according to the doctrine of pleading adopted by the Civil Procedure Act as the alternative principle of civil procedure, which is a court in charge of a civil trial, must judge only the litigation materials submitted by the parties to a lawsuit, including the plaintiff, as the basis of a trial. Therefore, it is inevitable for the parties to the lawsuit to make a written judgment or only
In addition, except where the other party does not dispute or where the court knows it well, the content claimed by the plaintiff should be proved by evidence that it is reliable.
(Article 202 and Article 288 of the Civil Procedure Act). Under the following, the existence of a loan claim asserted by the Plaintiff according to the cause of the claim stated in the complaint and the briefs of this case, i.e., the right and wrong of the assertion.
1. The Plaintiff’s assertion on the loan claim amounting to KRW 50 million is as follows:
CDD DF E, however, according to the evidence evidence evidence evidence evidence No. 2, the lessee of the above apartment (hereinafter referred to as the apartment of this case) is acknowledged as having been recorded as “the Plaintiff,” not the Defendant, but as “the Plaintiff.” According to the above facts of recognition, it is evident that the apartment of this case was leased by the Plaintiff.
Therefore, the Plaintiff’s transfer of KRW 55 million to D is merely a direct remittance of the deposit for lease to be borne by the Plaintiff as the lessee of the instant apartment, and cannot be deemed as a “lease” to the Defendant.
This is because the defendant who is not a lessee in the lease contract has no right to the lease deposit.
The entry of Gap evidence No. 4 (including the serial number) and the plaintiff lending a large amount of money of KRW 55 million to the defendant, and the plaintiff did not demand a certificate of borrowing from the defendant, and the plaintiff is "corporation", if it would be sufficient to lend the above money.