1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff remitted 148 million won from January 8, 2009 to March 10, 2010 to the Defendant’s East C’s account.

B. The Defendant’s Dong C remitted 35 million won to the Plaintiff from March 15, 2010 to February 8, 2011.

C. The Plaintiff complained against the Defendant for fraud on the ground that the Defendant borrowed money by deceiving the Plaintiff without intent or ability to repay the borrowed money. However, the Jinju District Prosecutors’ Office rendered a non-prosecution disposition on July 17, 2019 on the ground that there is insufficient evidence to acknowledge the facts of the offense to the Defendant.

(No disposition not to institute a prosecution on the ground that the statute of limitations has expired with respect to a partial loan argument). [Grounds for recognition] The fact that there is no dispute, Gap evidence 1 (including provisional number), Eul evidence 1, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion lent a total of KRW 150 million to the defendant's Dong C's account designated by the defendant from January 7, 2009, and from January 8, 2009 to March 10, 2010, to KRW 148 million. The defendant paid KRW 35 million.

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 150 million (= KRW 150 million - KRW 355 million) and damages for delay.

B. Determination 1) The relevant legal doctrine is a contract under which one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that there is an agreement between the parties as to the above point (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). In the event of transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc., and such transfer is made only on the ground that such transfer was made.