대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. For the following reasons, the Defendant is obligated to pay KRW 55,735,00 to the Plaintiff and damages for delay.
From June 22, 2014 to January 23, 2015, the Plaintiff leased KRW 77,434,50,500 in total by remitting KRW 25,500 to the passbook in the name of the Defendant in the name of the Defendant in the passbook C (Account Number D) used by the Plaintiff, and KRW 44,464,00 in the name of the Defendant, and KRW 7,470,00 in the name of the agricultural bank in the name of the Nonparty, and KRW 7,571,50 in the name of the Defendant to the passbook in the name of the Defendant, and KRW 22,00,00 in the aggregate from the Defendant. Accordingly, the Defendant is obligated to pay the remainder of the loans to the Plaintiff ( KRW 7,434,50, KRW 22,000 in the name of the agricultural bank in the name of the Defendant and delay damages therefor.
B. The Plaintiff, while transferring two computers to the Defendant, was paid KRW 3,000,000 with the transfer price. Thus, the Defendant is obligated to pay the Plaintiff the above KRW 3,00,000 and delay damages.
2. Determination
A. The plaintiff's status
2. In order to establish the claim as a loan under a loan for consumption under the Civil Act, the Plaintiff’s intent to borrow the loan and the Defendant’s intent to borrow the loan must be implicitly agreed.
In addition to the witness evidence Nos. 1 and 4-1 through 4, it is insufficient to recognize that the Plaintiff had a mutual agreement on the fact that the above money is a loan under a loan agreement between the Plaintiff and the Defendant at the time of transferring the money to the Defendant, and there is no other evidence to acknowledge it. Rather, according to the witness E’s witness E’s witness E’s testimony, it is only recognized that the amount remitted by the Plaintiff to the NAC head of the Tong under the name of E was an gambling fund that the Plaintiff sent to the Defendant upon the request of the Defendant for sports sports sports sports sports betting.
Therefore, this part of the plaintiff's assertion is without merit.
B. The plaintiff's status
2. The plaintiff 2. The part of the b. assertion.