Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's summary of the plaintiff's assertion lent KRW 120 million to the defendant on February 18, 2009. Thus, the defendant is obligated to pay to the plaintiff KRW 120 million and delay damages.
2. According to the reasoning of the judgment of Gap's evidence Nos. 1 and 3 (including a serial number), each of the response of the order to submit financial transaction information to the Korea Exchange Bank and the Korean National Bank, the plaintiff's bank account was deposited with KRW 120 million on Feb. 18, 2009, and the above KRW 120 million was remitted to the bank account of "B" as the remitter on the same day to the defendant as the remitter, and the plaintiff was treated as a loan to the defendant.
However, according to the witness witness C’s testimony, C was an employee of D Co., Ltd. (hereinafter “D”) and C, who was in charge of the Plaintiff’s accounting business, remitted the money deposited from the Plaintiff’s account to E or to a third party under the name of E or the Defendant, and even on February 18, 2009, the Plaintiff’s account was withdrawn from the Plaintiff’s account to B by two cashier’s checks with a face value of KRW 120 million and face value of KRW 50 million, respectively, according to the direction of E., it is recognized that the Defendant was stated in the above facts. In addition, the evidence submitted by the Plaintiff alone is insufficient to prove that the Plaintiff lent KRW 120 million to the Defendant.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.