대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Summary of the parties' arguments;
A. On May 28, 2018, the Plaintiff asserted that he/she remitted to D at his/her own money KRW 15,000,000 and KRW 3,60,000 to E with his/her money in accordance with the Defendant’s direction while in charge of accounting affairs in “C” operated by the Defendant, and that he/she lent the said money to the Defendant, and that he/she claimed the Defendant to pay the said money and interest in arrears.
B. As to this, the Defendant asserted that the Plaintiff only took charge of the transfer of necessary funds according to the Defendant’s instruction and did not lend the said money to the Defendant while in charge of accounting affairs in the “C”.
2. Determination
A. According to the overall purport of the statements and arguments set forth in subparagraphs 1 and 2-1 and 2 of the evidence No. 1-2, the fact that the Plaintiff remitted KRW 15,00,000 to D on May 28, 2018, from her husband H account established at the seat of the branch of the G Union, to E, and KRW 3,60,000,000, respectively, and the fact that the Defendant’s name is stated in the “record” column of each statement of transactions related to the above remittance.
In light of these facts, it is confirmed that the Plaintiff indicated the Defendant as a depositee on May 28, 2018 and remitted a total of KRW 18,60,000 to D and E on May 28, 2018.
B. Furthermore, according to the following purport: (a) whether the money remitted as above was the Plaintiff or some of the funds that the Plaintiff kept for the Defendant; and (b) whether the Plaintiff deposited the said checks in the H account under the name of the Plaintiff on April 18, 2018, according to the following purport: (c) according to the order to submit financial transaction information to the G Union branch of this court; (d) the response result and the entire pleadings, the Plaintiff was in charge of the financial affairs of the “C”; and (e) the Plaintiff was in charge of the F Association repayment reserve; and (e) the Defendant issued 40 copies of the cashier’s checks issued as of April 3, 2018 to the Plaintiff; and (e) the Plaintiff deposited the said checks in the H account on April 18, 2018.