대여금반환
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
As the cause of the instant claim, the Plaintiff asserted that, if the Defendant lent KRW 46 million to the Defendant, it would pay KRW 50 million including interest after two months thereafter, and that on May 27, 2015, the Defendant lent KRW 46 million to the Defendant. Accordingly, the Defendant asserted that, upon the Defendant’s introduction, C only received KRW 46 million from the Plaintiff at the time of borrowing KRW 50 million from the Plaintiff, and delivered it to C by depositing KRW 46 million in the passbook under the Defendant’s name, and that there was no fact that the Defendant borrowed money from the Plaintiff.
According to Gap evidence No. 2, the fact that the plaintiff deposited KRW 46 million on May 27, 2015 in the deposit account under the name of the defendant is recognized.
However, the following circumstances, which are acknowledged by comprehensively taking account of the purport of the entire arguments in the evidence Nos. 1, 1, 2, and 3, are as follows: (i) the Defendant immediately received KRW 46 million from the Plaintiff and immediately remitted KRW 45 million to C (the Defendant asserts that the remaining KRW 1 million was delivered to C in cash). On July 9, 2015, the Plaintiff purchased a used vehicle for the Defendant’s brokerage, and paid KRW 50 million to the Defendant; (ii) as alleged by the Plaintiff, if the Plaintiff had a loan claim of KRW 46 million against the Defendant, it would be exceptional that the Plaintiff paid the full amount of the purchase price without offsetting the claim for the purchase price; and (iii) the Plaintiff demanded the Defendant to pay the full amount of the purchase price to the Defendant for the lapse of two years after lending KRW 46 million to the Plaintiff.
In light of the fact that there is no evidence to acknowledge that interest was paid or received from the Defendant, it is insufficient to recognize that the Plaintiff lent KRW 46 million to the Defendant solely on the basis of the fact of recognition, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's claim is dismissed for lack of reason.