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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. On June 15, 201, the Plaintiff remitted KRW 28,500,000 in total from C’s account to D’s account. On June 22, 2011, the Plaintiff wired KRW 19,000,000 in total from C’s account to E’s account.
B. On July 20, 201, KRW 2,500,000, and KRW 2,500,000 on August 22, 2011, were remitted from the E’s account to C’s account.
[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 3, Gap evidence 5-1 and 5-2, the purport of the whole pleadings
2. The assertion and judgment
A. A. A summary of the Plaintiff’s assertion 1) around June 201, the Plaintiff lent KRW 50,000,000 to the Defendant at the Defendant’s request, with interest rate of KRW 2,50,000,000. The Plaintiff used the Plaintiff’s nominal account and transferred KRW 47,50,000 remaining after deducting KRW 2,50,000,000 from the said nominal account from the Defendant’s passbook to D and E’s account designated by the Defendant. 2) The Plaintiff and F did not know only once and only once, and there was no knowledge of the other party’s personal information or contact contact, and there was no record of dividing her far. Although the Plaintiff’s loan was made to F, it cannot be deemed that the Plaintiff directly lent the said money to F.
3) The Plaintiff loaned KRW 20,00,000 to the Defendant at the Defendant’s request on May 201. At that time, the Plaintiff transferred the remainder of KRW 19,00,000,000 after deducting KRW 1,00,000 from the interest calculated pursuant to the Interest Limitation Act, to the account under the name of the Defendant’s designation. Ultimately, “F requested G to borrow KRW 50,000,000,000, and “G” and “the Defendant borrowed the said amount to the Plaintiff in succession. 4) Accordingly, the Defendant shall be deemed to have borrowed the said amount to the Plaintiff in succession. Accordingly, the interest calculated pursuant to the Interest Limitation Act by October 14, 2015, deducted the remainder of KRW 7,50,000,000 from the interest rate of KRW 54,383,562,38,362,562, 100,505,000,05.