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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 26, 2019, the Plaintiff transferred KRW 47,000,000 to an account under the name of the Defendant’s mother, and transferred KRW 36,023,030 on November 28, 2019 to the account under the name of the Defendant.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion and judgment
A. As examined in the above basic facts, the Plaintiff asserted that the sum total of KRW 83,023,030,030, which was remitted twice, was lent to the Defendant.
B. The Defendant’s assertion that D provided the uniforms to the Plaintiff, and that D did not register its business, the Defendant issued a tax invoice, the Plaintiff remitted the cost of the uniforms to the Defendant, and the Defendant agreed to transfer the amount received again to D.
Accordingly, the defendant received KRW 83,023,030 from the plaintiff, and the plaintiff paid the cost of the right of lease, not from the defendant.
C. The fact that the Plaintiff paid KRW 83,023,030 to the Defendant is as seen earlier, and according to the evidence No. 2, the Plaintiff can be found to have asserted the above amount as a loan to the Defendant on February 3, 2020 and sent the content-certified mail claiming the return.
However, in full view of the following circumstances, it is difficult to acknowledge the fact that the Plaintiff lent money to the Defendant solely on the basis of the above recognition, and there is no evidence to acknowledge it otherwise.
1) On October 31, 2019, the Defendant issued a tax invoice of KRW 83,023,035 in total with the value of supply and value-added tax on items such as the supplier, the Plaintiff’s recipient, and the lease of oil pumps. The amount of the said tax invoice issued is the difference between KRW 83,023,030,030 and KRW 5,000, the amount claimed by the Plaintiff to be leased. (ii) C returned the amount of KRW 47,00,000 to E immediately to the remitter, and the Defendant also returned the amount to E on November 28, 2019.