대여금
1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On April 2, 2007, the Plaintiff asserted that the Plaintiff lent KRW 50,000,000 to the Defendant C’s account at the request of the Defendants (hereinafter “transfer to April 2, 2007”), but the Defendants paid only interest accrued until September 2008, and did not pay the principal and interest accrued thereafter. Thus, the Plaintiff is sought as the instant lawsuit.
2. The judgment of the court of this case was examined, the evidence submitted by the plaintiff alone is insufficient to recognize that the remittance of April 2, 2007 of this case was a loan to the defendants by the plaintiff.
Rather, comprehensively taking account of the evidence evidence Nos. 2 through 3, and witness D’s testimony, the following facts and circumstances are acknowledged and comprehensively taken account of these facts and circumstances, the remittance of this case as of April 2, 2007, which the Defendants acquired against D, is deemed to be the transfer proceeds received by the Plaintiff.
In other words, around April 2, 2007, ① there is no special motive or reason for the Defendants to borrow money to the Plaintiff, ② there is no related loan certificate or other disposition document. ③ On the other hand, around June 2006, the Defendants borrowed 60 million won from the Plaintiff (the person who actually used the money is D, so interest was paid D; hereinafter “transfer borrowed money”) was prepared with a cash custody certificate, etc. The lease deposit was offered as security. ④ The Plaintiff did not demand the Defendants to pay interest or repayment of the money remitted to the Plaintiff on April 2, 2007. ⑤ The Plaintiff was transferred 1.8 million won per month to the Plaintiff on or before December 2, 2006, KRW 5 million, and KRW 1.5 million per month on or before the date of remittance.