대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion was around May 2010, when the Plaintiff, C, and the Defendant jointly operated D, together with the Defendant, and the Defendant led to lack of funds in the process of purchasing the land at the time when the Plaintiff borrowed KRW 90 million from C and paid to the Defendant, the Defendant agreed to pay the above KRW 90 million to the Defendant.
However, since the defendant's failure to pay the above money to the plaintiff and C urged the plaintiff to pay the above borrowed money, the defendant is obligated to pay the above borrowed money amounting to KRW 90 million and delay damages to the plaintiff.
2. In full view of the purport of the entire pleadings in the statement in evidence Nos. 1 and 2, the fact that the Plaintiff borrowed KRW 90 million from C on November 1, 201 to E on October 22, 2010, KRW 50 million on October 29, 2010, KRW 90 million on November 3, 2010, and KRW 90 million on November 1, 201, and the Plaintiff borrowed KRW 90 million on November 1, 201.
However, such facts alone paid KRW 90 million to the Defendant that the Plaintiff received from C.
It is insufficient to recognize that the Defendant agreed to use the above money by itself and to repay the above amount of KRW 90 million to C or the Plaintiff, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim of this case is without merit.
(3) The plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench, even though the plaintiff did not repay the above loan amount of KRW 90,000 to C by the closing date of pleadings of this case.