대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff became aware of the Defendant, who is a co-principal of C, with the introduction of a type C, which is an external village.
B. The Plaintiff remitted total of KRW 61,100,000 (hereinafter “the instant money”) to the deposit account in the name of the Defendant or in the name of the Defendant’s company, as indicated below, in the bank account in one’s own name (D).
The remittance amount from the date of remittance 1.2. 5,00,000 won in the defendant's name on February 17, 2008 3,00,000 won in the defendant's name on February 23, 2008 3.2,00,000 won in the defendant's name on February 23, 2008 4. 20,000,000 won in the defendant's name on May 23, 2008 5, 200,000 won in the defendant's name on May 25, 2008 6,00,000 won in the defendant's name on May 28, 2008 : 10,000,000 won in the defendant's name on May 10, 200, 700,000 won in the plaintiff's name on July 10, 2008 ; 1.6,008
2. Determination on the cause of the claim
A. The Plaintiff asserts that the Defendant transferred the instant money by requesting a hotel operator G to lend money for the purpose of using it by offering entertainment, etc. in order to receive a loan for the F hotel interior work. 2) The Defendant asserted that, upon the Plaintiff’s request, the Defendant allowed the Defendant to enter into a contract under the name of E operated by the Defendant at the Plaintiff’s request to receive a part of the F hotel interior work, and that the instant money transferred from the Plaintiff was used as shown in the separate sheet according to the Plaintiff’s instruction.
B. Determination 1) A loan for consumption is a contract under which one of the parties agrees to transfer the ownership of money or other substitutes to the other party and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). Therefore, if there is no document to dispose of the loan, such as a certificate of borrowing, and the other party denies the fact of borrowing, it cannot be readily concluded that the nature of the loan is the loan immediately