대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. The Plaintiff’s assertion and C are in a de facto marital relationship and jointly conducting a long-term fishing business with the trade name “D.”
C Around October 27, 2015, phone calls to the Plaintiff on October 27, 2015, “Around 18:30, the Plaintiff transferred KRW 12 million to the Defendant (D) corporate bank account, stating that “A deposit shall be made in a cash account to sell fish in TV home shopping, with a monthly loan of KRW 1.2 million.” < Amended by Presidential Decree No. 26579, Oct. 28, 2015; Presidential Decree No. 26578, Oct. 28, 2015>
Therefore, the defendant is obligated to pay the above 12 million won and damages for delay to the plaintiff.
2. According to the evidence Nos. 1, 2, and 3 (including each number), it is recognized that the Plaintiff transferred 12 million won to an enterprise bank account under the name of the Defendant (D) on October 28, 2015, and C stated that the Plaintiff borrowed 1.2 million won from the Plaintiff in the relevant criminal case.
However, the above facts and the evidence submitted by the plaintiff alone are insufficient to recognize that the defendant jointly borrowed the above money with C, and there is no other evidence to acknowledge it.
3. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. Accordingly, the judgment of the court of first instance with the same conclusion is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.