대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination on the cause of the claim
A. The Plaintiff’s assertion: (a) lent a total of KRW 251,034,356 to the Defendant from September 5, 2012 to January 13, 2015; and (b) the total amount of KRW 159,990,000, out of the difference, the Plaintiff claimed KRW 42,00,000 among the difference, and damages for delay.
B. The fact that the Plaintiff transferred part of the amount claimed by the Plaintiff to the account, such as Defendant and Defendant’s mother C, father D, etc. is not a dispute between the parties.
However, in order to be a loan under a loan for consumption under the civil law, the plaintiff's intent of loan and the defendant's intent of loan should be implicitly agreed.
However, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that there was a mutual agreement between the Plaintiff and the Defendant on the fact that the said money was a loan under a loan for consumption between the Plaintiff and the Defendant at the time of transferring the money to the Defendant, etc., and there is no other evidence to acknowledge
Therefore, the plaintiff's assertion is not accepted.
2. In conclusion, the plaintiff's claim is rejected and it is dismissed. It is so decided as per Disposition.