beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff’s summary of the Plaintiff’s assertion lent KRW 38,700,000 to the Defendant by remitting KRW 10,000,000 on March 23, 201, and KRW 8,700,000 on March 25, 201, and KRW 28,70,000 on the 28th day of the same month to each Defendant’s account in the name of each Defendant, and thus, the Defendant is obligated to pay the Plaintiff the above loans KRW 38,70,00,000 and delay damages therefor.
B. The defendant's summary of the defendant's assertion did not have borrowed the above money of the plaintiff's assertion from the plaintiff, and the above money received from the plaintiff to the defendant's account under the defendant's name was transferred to the defendant's account under the defendant's name, ordering the plaintiff and the defendant's mother C to transfer the money deposited in the plaintiff's account under the defendant's name
2. Although there is no dispute as to the fact that there was a number of money between the parties to a loan, the plaintiff's assertion that the loan was made is proved to the plaintiff who asserts that the loan was made (see Supreme Court Decision 72Da221, Dec. 12, 1972; Supreme Court Decision 2014Da26187, Jul. 10, 2014). In order for the plaintiff to recognize that the claim for return against the defendant is a loan under a loan agreement under the Civil Act, it shall be acknowledged that the defendant, the other party to whom the claim was received, agreed to return the equivalent amount. On the other hand, there is no evidence to acknowledge it. On the other hand, it is acknowledged as follows: (i) the plaintiff transferred money to the defendant on March 23, 201; and (ii) the remaining money deposited to the defendant under the name of Daejeon Deposit Insurance Corporation; and (iii) the plaintiff transferred money to the defendant under the name of Daejeon Deposit Insurance Corporation; and (iv) the remaining money deposited to the defendant on July 1, 201, 2000.