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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent KRW 30,940,00 to the Defendant (payment of KRW 20,940,000 in cash, KRW 10,000 in cash). As such, the Defendant is liable to pay the said money and the damages for delay to the Plaintiff.
B. According to the evidence No. 1, the Plaintiff deposited KRW 5,00,000 on August 31, 2009 into the Defendant’s account, and KRW 5,940,00 on May 11, 201.
However, in full view of the following facts and circumstances that can be recognized by the respective descriptions and the entire purport of evidence Nos. 1 and 2 (including additional numbers), it is insufficient to acknowledge that the Defendant borrowed the above money from the Plaintiff solely on the basis of the facts and circumstances, and there is no evidence to acknowledge otherwise, the Plaintiff’s assertion is rejected.
① The Defendant and C were married on January 22, 1987 and divorced on June 19, 2017.
② The Defendant asserted that C, the former wife of the Defendant, borrowed money from the Plaintiff, and only used the account in the name of the Defendant in the process of borrowing money, and that C also borrowed money from the Plaintiff as a business necessity of the Plaintiff and paid the money directly.
③ The time when the Plaintiff deposited money in the account under the name of the Defendant cannot be ruled out, as the time when the Defendant and C were in a marital relationship with the Defendant, that C was actually in a practical management of the Defendant’s account.
④ The Plaintiff did not submit any material supporting the Defendant’s actual borrower, despite the Defendant’s dispute over the circumstances of borrowing.
⑤ Meanwhile, from the account under the name of C and the Defendant to the account under the name of the Plaintiff, it appears that the amount has already been transferred to the Plaintiff.
2. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.