Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C transferred the total amount of KRW 10 million on October 28, 201, KRW 13 million on the account of the National Agricultural Cooperative under the name of the Defendant (Account Number D; hereinafter “instant account”); KRW 13 million on November 1, 201, KRW 200,000 on January 5, 2012; KRW 5 million on January 27, 2012; KRW 10 million on April 2, 2012; KRW 3 million on April 30, 2012; KRW 10 million on May 18, 2012; KRW 5 million on June 5, 2012; and KRW 500,500,000 on June 5, 2012; and
(hereinafter referred to as the “amount of remittance of this case”) b.
C The deceased on January 11, 2013, and the inheritor and children, E, F, and G exist, and E, F, and G filed a declaration of renunciation of inheritance on April 3, 2013 by this Court 2013Mo317. On April 25, 2013, this Court accepted the declaration of renunciation of inheritance on April 25, 2013.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The parties' assertion
A. From October 28, 201 to June 12, 2012, C, which caused the Plaintiff’s claim, remitted to the Defendant the remittance amount of KRW 63.5 million to the instant account. Since the Plaintiff succeeded to C’s property, the Defendant is obligated to pay the Plaintiff the above loan amount of KRW 63.5 million and the delay damages therefrom.
B. The Defendant’s answer: (a) the Defendant lent the instant account to the Defendant’s words, and (b) the I living with H used the instant account.
The amount of the remittance of this case is only the repayment of the money that C borrowed from the existing I, and does not lend it to the defendant.
3. According to the reasoning of the evidence No. 5, witness I’s testimony, and the whole purport of the argument, in the instant case of damage compensation (such as damages) brought by the Plaintiff against I, the Plaintiff filed a claim for damages due to a tort, asserting that I, around the instant remittance amount, was the money that I acquired by deception from C in the name of gold by fraud and gambling, and the claim for a loan was filed in preliminary order, but C was rendered a judgment against the Plaintiff on June 10, 2015, and each of the above claims thereafter.