대여금
All of the plaintiff's claims are dismissed.
Litigation costs shall be borne by the plaintiff.
1. According to the evidence No. 1-1, 2, and 3 of the basic facts, the Plaintiff may recognize the fact that the Plaintiff remitted the sum of KRW 78 million to Defendant B from November 28, 2018 to February 15, 2019, and the sum of KRW 10 million to Defendant C on February 17, 2019 and February 18, 2019.
2. The parties' assertion
A. The plaintiff asserts that since the above money was lent to the defendants or requested to keep the above money, the defendant B is obligated to pay 48,596,500 won, excluding the 29,403,500 won returned among the 78,000,000 won, and the defendant C is obligated to pay 7,660,000 won and damages for delay, excluding the 2,340,000 won returned among the 10,000,000 won.
B. The Defendants are arguing that they merely delivered the amount of investment to D.
3. Determination
A. According to the purport of the evidence Nos. 1, 2, and 5 and the entire pleadings, the Defendants may acknowledge the fact that they have remitted money to D actually, and the Plaintiff and the Defendants have filed criminal complaint against D on the charge of fraud.
B. In light of these circumstances, the Plaintiff leased the money solely based on the aforementioned remittance.
It is difficult to readily conclude that the custody is requested or otherwise there is no evidence to prove.
The plaintiff's assertion is without merit.
4. The plaintiff's claim is dismissed. It is so decided as per Disposition.