대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant and C lent KRW 5,3670,000,000 to the Defendant and C on July 4, 2014, and KRW 5,367,00,000,000,000 to October 15, 2014, and that the Plaintiff claimed payment of KRW 2,167,00 among them.
According to Gap evidence 1-1, Gap evidence 2, and Eul evidence 3-3 and 4, the plaintiff remitted 2,1670,000 won to the deposit account in the name of "D" on July 4, 2014. The defendant prepared a "Receipt" with the plaintiff on October 15, 2014, stating that "I will receive Lao 60,000 as sales created by sexual harassment 6," and D transfers KRW 4,00,000 to the deposit account in the name of the plaintiff on August 10, 2017, and the defendant may recognize the fact that I remitted KRW 2,167,000 to the deposit account in the name of the plaintiff on September 27, 2017, and KRW 100,000,000 on December 15, 2017, 2018.
However, the Defendant borrowed money from the Plaintiff using the bank account in the name of “D” name.
No evidence exists to prove that the Plaintiff transferred KRW 4 million to the Plaintiff under the name of “D” for the purpose of partially repaying the loan, and the content of the receipt prepared by the Defendant alone is difficult to deem that the Defendant agreed to return the money to the Plaintiff. In full view of the fact that the money that the Defendant remitted to the Plaintiff three times is difficult to deem that the money was paid as the interest of the loan in light of the date of remittance and the amount of the remittance, and there is no other evidence to support the fact that the Plaintiff transferred the money to the Plaintiff to a deposit account in the name of “D” was the Plaintiff’s loan to the Defendant.
Therefore, the plaintiff's assertion is not accepted.
2. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.