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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, as the mother of C, denied C as the Defendant, but divorced on or around December 2015.
B. The Plaintiff, through her husband D, borrowed KRW 200 million from E Co., Ltd. (hereinafter “Nonindicted Company”) on April 10, 2009 as the agreed interest rate of 7% per annum (the interest rate of KRW 1,166,66 per month is equivalent to KRW 1,16,66) and then borrowed from the Plaintiff’s husband D.
4. 15. The above borrowed money was remitted to the Defendant.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including where there is a satisfy number), the purport of the whole pleading
2. Summary of parties' arguments;
A. The amount of KRW 200 million remitted to the Defendant is the amount loaned by the Plaintiff upon the Defendant’s request.
B. The Defendant loaned KRW 15 million to the Plaintiff on August 25, 199; ② KRW 2 million on February 15, 2000; ③ KRW 2.5 million on March 4, 2004; ④ KRW 4 million on April 12, 2005; ⑤ KRW 49 million on April 27, 2005; ② KRW 30,238,520 on April 28, 2005; and ④ KRW 70,52 million on April 28, 2005; and ④ was paid the Plaintiff, and was paid the Plaintiff only.
(1) In order to specify each of the above money (hereinafter referred to as "the above money is indicated as ① or 7 each number). 3. The burden of proof for the agreement shall be borne by the plaintiff.
I would like to say.
In light of the following circumstances recognized in the whole purport of pleading, it is difficult to reject the Defendant’s assertion that the parties only received a loan in light of the following: (a) there is no dispute between the parties; (b) evidence Nos. 9, and evidence Nos. 1, 2, 3, and 4-1, 2, and 6 of the evidence Nos. 4-1, 4-1, 4-2, and each order to submit financial transaction information to the FF Bank, G Bank, H Bank, and I Bank; and (c) the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact of lending.
(1) The sum of the above (4) through (7) KRW 185,238,520 was delivered as a check to the Defendant from a financial institution. Among them, the Defendant was granted a loan from the G Bank (Defendant J) and thereafter, the Plaintiff transferred a certain amount monthly amount to the Defendant’s G Bank account.