대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff transferred KRW 4,084,00,000 to Defendant B, a member of the same mountain association, from the Plaintiff’s Sungdong branch account (D) or from the Plaintiff’s husband E’s agricultural bank account (F) to ten times from August 22, 2014 to October 1 of the same year.
B. In addition, the Plaintiff wired the total of KRW 4,0360,000 to Defendant C, a member of the same mountain conference, in the same manner from October 20, 2014 to December 20, 20 of the same year.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 2, 3, and 4 (including each number), the purport of the whole pleadings
2. The parties' assertion
A. The money remitted by the Plaintiff to the Defendants as above was loaned as business funds at the request of the Defendants who intend to invest in G’s business.
Therefore, the Defendants are obligated to repay the above loans to the Plaintiff.
B. The money remitted by the Defendants to the Plaintiff is not borrowed from the Plaintiff but invested by the Plaintiff in G’s distribution business of recycled products.
If G requests the Plaintiff for the purchase cost of recycled products, the Plaintiff remitted the investment money through the Defendants’ passbook, and the subsequent proceeds were to be paid to the Plaintiff via the Defendants’ passbook.
Since then, as the distribution business of G's recycled products was out of poor progress, it is difficult to recover the investment money, the plaintiff was able to lend money to the defendants and filed the lawsuit in this case.
3. The facts that the Plaintiff remitted the sum of KRW 4,0840,000 to Defendant B and the sum of KRW 4,0360,00 to Defendant C from her husband or her agricultural cooperative account are as seen earlier.
However, since the process of remitting money can be diverse, the fact that the above remittance amount is a loan under a monetary loan contract must be proved by the plaintiff who asserts it.
In the case of lending ordinary money, a security to secure the payment of the due date and interest is agreed.