1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On March 20, 2018, the Plaintiff received a request from C, who was a living partner of the Defendant, to lend KRW 6,000,000,000 from C, and transferred KRW 6,00,000 to the account in the name of the Defendant (hereinafter “instant account”) notified by C on the same day.

The Plaintiff filed a payment order against the Defendant seeking payment of the above KRW 6,00,000 (hereinafter “instant loan”) and damages for delay thereof with this Court, and the payment order of this Court No. 2018 tea1088 was issued. Accordingly, the Defendant filed a written objection on July 23, 2018 and implemented the instant lawsuit.

On August 8, 2018, the Defendant filed an individual rehabilitation application with the Daegu District Court 2018 Daegu District Court No. 39695, and the said court rendered a decision to commence the individual rehabilitation procedure against the Defendant on October 19, 2018 when the instant lawsuit was pending.

When the Defendant entered and submitted to the list of individual rehabilitation creditors a claim for the loan in dispute with the above loan claim, the Plaintiff changed the instant lawsuit to the final claim inspection lawsuit for individual rehabilitation claims on January 7, 2019.

[Grounds for recognition] The plaintiff did not dispute, Gap evidence Nos. 1, 4, and 5, and the purport of the whole pleadings, and the plaintiff argued that the defendant borrowed the loan of this case from the plaintiff around March 20, 2018, and that the defendant promised to repay the loan of this case. However, the evidence submitted by the plaintiff alone is insufficient to recognize that the defendant borrowed the loan of this case from the plaintiff, and there is no other evidence to prove otherwise.

Rather, the following circumstances are revealed by comprehensively taking account of the above facts, evidence and evidence as stated in the evidence No. 2 and the witness D’s testimony, namely, ① keeping the Defendant’s passbook at the time of the instant lending, and managing and using the instant account. ② Until April 28, 2018, the Plaintiff urged C to repay the instant loan only before demanding C to communicate with the said date.