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. From around 2005, the Network D dealt with the Plaintiff’s management of property, such as the Plaintiff’s bank business and real estate business, on behalf of the Plaintiff for eight (8) years upon delegation from the Plaintiff, and died on October 1, 2013.
B. The heir of the network D is Defendant B and the wife, Defendant C.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 5, 6, 10, 11, 12, 15, 28 (including the number of pages; hereinafter the same shall apply), Eul evidence No. 9, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion argues that, upon the Plaintiff’s delegation, the network D managed the Plaintiff’s property, and that the sum of KRW 292,465,650 (hereinafter “the instant money”) transferred from the bank account under the Plaintiff’s name and the network D’s account (Account Number E, hereinafter “instant one bank account”) used for the Plaintiff’s property management to the network D’s account was borrowed from the Plaintiff. As such, the Defendants, the heir of the network D, are liable to pay the Plaintiff the amount equivalent to each share of inheritance and interest in arrears.
B. In full view of the entries in Gap evidence Nos. 1 and 4 and the purport of the entire pleadings, the court may acknowledge the fact that the amount alleged by the plaintiff was remitted from the plaintiff's bank account or the one bank account of this case to the network D's account. However, the above adopted evidence and the following circumstances, i.e., ① the amount of the plaintiff's tax, credit card settlement price, etc. borne or remitted to the plaintiff is much more than the amount of the money of this case; ② there were continuous monetary transactions between the plaintiff and the network D except the remittance details; ③ the account of this case appears to have been actually used by the plaintiff in light of its transaction details; ④ the network D's will was prepared before its death.