대여금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
The Plaintiff asserts that the Defendant would pay 34,500,000 won, which was not paid to the Plaintiff, and that the Defendant should pay 35,000,000 won, from July 5, 2010 to September 17, 2013, since the Defendant committed a tort of receiving KRW 69,50,000 from the Plaintiff, and thus, the Defendant is liable to compensate the Plaintiff for damages equivalent to the amount of the above fraud. As such, the Defendant asserted that the Defendant repaid the amount of KRW 35,00,00,000, which was not paid to the Plaintiff.
Comprehensively taking account of the following facts, evidence Nos. 1 and 2, and evidence No. 5, the Plaintiff filed a complaint against the Defendant with the investigative agency on suspicion of fraud as alleged above, but the prosecutor took a disposition of non-prosecution on March 10, 2015, and the Plaintiff appealed to the Seoul High Prosecutor’s Office, but the Plaintiff dismissed the Plaintiff’s appeal on May 18, 2015, and even in the case of an application for adjudication on which the Plaintiff filed a motion against the public prosecutor’s above non-prosecution disposition, it is recognized that a decision to dismiss the Plaintiff’s petition was issued on September 3, 2015. In light of the above facts of recognition, it is insufficient to acknowledge the fact that the Plaintiff acquired money by deceiving the Plaintiff as alleged above by the Plaintiff, and there is no other evidence to acknowledge this. Therefore, the Plaintiff’s above assertion is without merit.
Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.