대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The parties' assertion
A. Upon receiving the Defendant’s request for a loan, the Plaintiff: (a) paid KRW 95,00,000 by means of account transfer to the Defendant on September 1, 2016; and (b) paid KRW 80,000,000 on September 3, 2016 in cash; and (c) lent KRW 95,00,000 per month interest; and (d) on September 2017, the Plaintiff paid KRW 15,00,000 out of the above loans to the Plaintiff; (b) the Defendant paid the Plaintiff the remainder of KRW 80,00,000,000, and delay damages therefrom.
B. Although the Plaintiff leased KRW 15,000,000 to the Defendant, the Plaintiff did not lend KRW 80,000 to the Defendant.
2. The issue is whether the Plaintiff loaned KRW 80,000 to the Defendant.
However, in the case of the Ulsan District Court 2018Kadan2153, Nov. 22, 2018, the Plaintiff was convicted of the facts constituting the crime, such as “A” and “A” in the evidence as deemed directly consistent with the Plaintiff’s assertion as to the issues, based on the following facts: (a) the Plaintiff had been convicted of having been convicted of the facts constituting the crime, i.e., “A” with “the borrowed amount under the evidence No. 1, as if the borrowed amount under the evidence No. 95,00,000 was altered and exercised; and (b) the borrowed amount under the evidence No. 1 was altered and exercised.”
Therefore, the evidence No. 1 cannot be used as evidence to admit the plaintiff's assertion on the issue.
The remaining evidence submitted by the Plaintiff is insufficient to admit the Plaintiff’s assertion as to the issue, and there is no other evidence to acknowledge it.
3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.