대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff, as the representative of Company C, who runs the Internet shopping mall, lent a total of KRW 301,550,000 from June 20, 2015 to August 24, 2015, and the Defendant promised to pay the said amount to the Plaintiff up to August 30, 2015.
Therefore, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 301,550,000 and damages for delay.
2. Determination
A. According to the statement in Gap evidence No. 1 and the defendant's results of the examination, the plaintiff paid KRW 50,00,000 as a check to the defendant around June 2015; KRW 5,000,000 on June 29, 2015; KRW 20,000 on July 8, 2015; KRW 10,00,000 on July 22, 2015; KRW 50,000 on August 12, 2015; KRW 0,000 on August 24, 205; KRW 10,000 on August 20, 205; and KRW 105,00 on August 20, 205; and KRW 105,00 on each of the defendant's accounts under the name of seller; and KRW 8,000 on May 30, 200, 2005.
On the other hand, the Plaintiff alleged that the Defendant paid KRW 10,00,000 to the check (the check was issued as of June 23, 2015 or July 2, 2015) to the Defendant, and that KRW 20,000,00, which was remitted to the account under the E’s name on July 6, 2015, was the money paid to the Defendant. However, it is insufficient to acknowledge the Plaintiff’s assertion solely on the aforementioned evidence and evidence No. 2, and the result of this court’s order to submit financial transaction information to our banks, and there is no other evidence to acknowledge it.
Therefore, the Plaintiff paid a total of KRW 271,550,000 (= KRW 50,000,000,000) to the Defendant or used for the Defendant, KRW 70,000,000,000 ( KRW 21,50,000).
B. Furthermore, as to whether the above money was a loan, or whether the defendant agreed to return it to the plaintiff, part of the health account statement Nos. 1 through 3, and the plaintiff.