대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserted that, around October 2015, the Plaintiff invested KRW 50 million to the Defendant for the Defendant’s operation of the Defendant’s private teaching institute, and that, among which, the Plaintiff entered into an agreement with the Defendant to guarantee the Defendant’s return of the said KRW 30 million, the Plaintiff claimed against the Defendant for the payment of the said KRW 30 million and its delay damages in accordance with the aforementioned refund guarantee agreement.
Therefore, we examine whether the above agreement was concluded between the plaintiff and the defendant to guarantee the return of the cost of KRW 30 million.
The fact that the Plaintiff, through husband, remitted to the Defendant via husband, KRW 10 million on October 20, 2014, ② KRW 30 million on November 29, 2014, ③ KRW 50 million on December 30, 2014, or KRW 50 million on December 30, 2014, may be recognized in full view of the purport of the entire pleadings, either there is no dispute between the parties, or there is no evidence Nos. 1 and 2 (including a branch number, if any).
However, as to whether the Plaintiff’s assertion was entered into an agreement to guarantee the return of KRW 30 million, it is not sufficient to recognize it solely with the statements of KRW 6 through 9, Eul’s evidence of KRW 7, 10, and 11, and witness D’s testimony, and there is no other evidence to acknowledge it otherwise.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.