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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The plaintiff asserts that the defendant lent 80,000,000 won in total to the defendant on September 14, 2006, and 50,000,000 won on September 20, 2006 on condition that he would repay within three months ( December 20, 2006).
The defendant did not borrow money from the plaintiff. However, it is argued that the plaintiff received a request from the plaintiff for the remittance of money to the person instructed by the plaintiff and then the remittance of money was made again according to the direction of the plaintiff.
According to each of the evidence evidence Nos. 1 and 2, the plaintiff may recognize the fact that the plaintiff remitted to the defendant the amount of KRW 30,000,000 on September 14, 2006 and KRW 50,000,000 on September 20, 2006.
However, considering the following circumstances comprehensively, only the fact that the Plaintiff remitted KRW 80,000,00 to the Defendant as above, is insufficient to recognize the Plaintiff’s lending to the Defendant, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.
① There is no evidence to acknowledge whether the Defendant was in actual presence of the C Company as above, although there is no original evidence of No. 3 (A3 does not exist, according to the entries of No. 3, the Defendant acknowledges the facts that the Defendant had recognized and obstructed the content thereof).
It is difficult to recognize the defendant's obligation to borrow loans in the form of the qualification of the representative director.
② According to each of the statements in Eul evidence Nos. 1 and 2, Gap evidence Nos. 6, Eul 3, and 4, the defendant transferred KRW 20 million to Eul on September 15, 2006, and KRW 30,000,000 to Eul on September 15, 2006, after receiving KRW 15,000,000 from the plaintiff, and then receiving KRW 12,00,000,000 from the plaintiff on the same day.
In addition, according to the above evidence, the plaintiff borrowed the total of KRW 20,000,000 on September 20, 2006 and KRW 13,000,000 on September 21, 2006 from the defendant, and the defendant borrowed KRW 20,00,000 on September 21, 206.