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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The fact that the plaintiff, on June 30, 2015, remitted 60 million won to the bank account under the name of the defendant to the bank account under the name of the defendant, does not have any dispute between the parties, or is recognized by the purport of each entry in the evidence A Nos. 1 and 2 and all pleadings.
The summary of the party's assertion is that the non-party C is related to the defendant and deposited into the bank account under the name of the defendant, and the plaintiff lent to the defendant without setting the interest rate of KRW 60 million, and if the maturity date C is well-grounded, the plaintiff claimed against the defendant for the payment of KRW 60 million and the delay damages therefor, and the defendant claimed for the payment of the purchase price of shares from the plaintiff and did not borrow it.
Judgment
The monetary loan agreement is an abortion, consideration or free, letter-free, or influenite contract, which is established when one of the parties agrees to transfer money to the other party, and the other party agrees to return money in cash. Since the defendant denies the loan agreement with respect to the plaintiff's assertion of the loan, the burden of proving that there was the loan agreement is a loan agreement is borne by the plaintiff. The above evidence and the statement of No. 3 alone are insufficient to recognize the plaintiff's assertion, and there is no other evidence to prove otherwise.
Rather, comprehensively taking account of the respective descriptions and arguments of evidence Nos. 1 through 3, the Defendant, from June 12, 2015 to Jun. 11, 2015, engaged in a financial investment business without obtaining a financial investment business license, sold 2,000 won per share of non-listed stocks of Co., Ltd. D, by sending the sales proceeds to E through an account in the Defendant’s name and having them manage stocks, and at the same time, engaged in an investment brokerage business among the financial investment businesses without obtaining a license.
‘' is about 2016 Gowon District Court Branch 2537.