대여금
1. All of the plaintiffs' claims against the defendant are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Basic facts
A. The Defendant’s spouse D established E Co., Ltd. (hereinafter “Nonindicted Company”) jointly with the Plaintiffs in around 2017, thereby promoting medical use gas-related projects. At present, both sides’ relationship is terminated.
A person who sent and received the deposited amount on May 18, 2017, 18, 200, Plaintiff B B, 6,000,000 on May 18, 2017, 201, Plaintiff A3, 5,000,000 on May 18, 2017, 18, 200 on May 18, 2017, May 18, 2017, 18, 2005,000 on May 6, 19, 200,000 on May 19, 2017, Plaintiff B, under the name of “GH company” (Plaintiff B, May 19, 200, 100, 00 on May 15, 200, 100, Plaintiff B,000 on May 19, 200, 107, 1008
B. On May 18, 2017 and September 19, 2017, the details of deposits and withdrawals from the National Bank Account (Account Number F) in the Defendant’s name are as listed in the following table (hereinafter “instant details”).
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1, the purport of the whole pleadings
2. The Plaintiff’s summary of the Plaintiff’s assertion was lent to the Defendant by means of remitting KRW 20 million to the Defendant, such as the instant details Nos. 1, and the Defendant A lent KRW 20 million to the Defendant, such as the instant details Nos. 2, 3, 5, and 6.
Therefore, the defendant is obligated to repay each of the loans of KRW 20 million to the plaintiffs.
3. Determination as to the cause of action
A. In a case where a transfer is made by transferring money to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, the mere fact that such transfer was made cannot be readily concluded that there was an agreement between the parties to a loan for consumption (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there is no dispute as to the fact that there was a receipt of money between the parties, the Plaintiff’s assertion that the said transfer was made against the Defendant.