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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The fact that the Plaintiff loaned the Defendant a total of KRW 120 million on October 17, 201, KRW 20 million, KRW 40 million on December 23, 201, KRW 60 million on August 2, 2013, and KRW 120 million on August 2, 2013 is no dispute between the parties.
Comprehensively taking account of the above facts acknowledged, the defendant is obligated to pay the plaintiff the borrowed amount of KRW 120 million and the delay damages.
2. Judgment on the defendant's defense
A. The defendant asserts that the defendant transferred all of the defenses to C (Account Number D; hereinafter referred to as “instant account”) in the name of the plaintiff used by the plaintiff, with the total amount of KRW 120 million as KRW 15 million on December 26, 2016, KRW 41 million on December 30, 2016, KRW 4 million on January 3, 2017, KRW 10 million on March 28, 2017, KRW 150 million on March 29, 2017, and KRW 120 million on March 29, 2017.
As to this, the Plaintiff asserted that the instant account was used by C, the Defendant’s wife.
B. Comprehensively taking account of the overall purport of the pleadings in each statement of evidence Nos. 3 through 5, evidence Nos. 7 through 11, and evidence Nos. 14 through 16 (including a serial number), the Plaintiff’s telephone number was registered with the phone number of the instant account; the Plaintiff provided the Defendant with money deposited in the instant account using phones for its own purpose; the Plaintiff sent money to the Defendant on December 20, 2016, notified the Defendant of the instant account number; and thereafter, the Defendant and the Defendant’s Defendant’s wife remitted money of KRW 60 million to the instant account from December 26, 2016 to January 3, 2017; and thereafter, the Plaintiff wired money of KRW 60 million to the instant account on March 28, 2017 and the instant account on March 29, 2017.
In full view of the above facts, if C used the instant account in addition to the Plaintiff, it was not necessary to inform the Plaintiff of the account number, the instant account is deemed to have been used solely by the Plaintiff. Therefore, the Defendant and C wired the amount of KRW 120 million to the instant account.