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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From April 21, 201 to July 21, 2014, the Plaintiff, as stated in the separate sheet, remitted the sum of KRW 4,906,577,200 to the passbook of the Defendant C. From April 21, 2011 to July 21, 2014, and KRW 4,776,674,260,860,000 in total to the Plaintiff’s passbook in the passbook of the Defendant C + KRW 75,814,260.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff loaned KRW 4,906,577,200 to the Defendants from April 21, 2014 to July 21, 2014. However, the Defendants still failed to pay to the Plaintiff the interest and principal of the said amount. However, the Plaintiff and Defendant B agreed to jointly carry out the joint business from April 21, 201, with the interest accrued after deducting the unpaid interest, and the interest accrued therefrom. 2) The Plaintiff and Defendant B agreed to pay the amount to the Defendant B by depositing the amount to the Defendant’s passbook. Accordingly, the Plaintiff and Defendant B agreed to liquidate the partnership relationship on July 21, 2014, and the Defendants did not borrow money from the Plaintiff.
B. Determination 1) Even if there is no dispute as to the fact that a party gave and received money, if the Defendant asserts that the Plaintiff lent the money, the Plaintiff ought to prove the fact of the lending (see Supreme Court Decision 2013Da73179, Sept. 15, 2015). 2) In light of the following circumstances in light of the legal principles as seen earlier, it is insufficient to recognize the fact that the Plaintiff lent money to the Defendants only based on the facts set forth in paragraph 1 and the evidence submitted by the Plaintiff, and there is no evidence to prove otherwise.
Therefore, without having to examine the remainder, the Plaintiff’s claim is without merit. (A) Despite the fact that the Plaintiff claimed to have lent money to the Defendants, the Plaintiff did not receive the same document as the loan certificate from the Defendants. (B) The Plaintiff received KRW 5,000,000 on July 21, 2014.