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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On January 10, 201, the Plaintiff transferred KRW 50 million to the national bank account in the name of C, and was written as “Plaintiff (Defendant)” and “C (Defendant)” in the column for sending the transfer certificate.
(2) Meanwhile, on January 10, 201, the account in the name of C was stated as the Defendant deposited KRW 50 million in the national bank account in the name of C, and was stated as the deposit of KRW 50 million to D on January 11, 201.
B. (1) On November 21, 2012, KRW 14 million was deposited in the post office deposit account under the Plaintiff’s name, and the depositor was indicated as “B”. (2) Meanwhile, on November 21, 2012, the national bank account in the name of “B” was written as “B”.
Grounds for recognition: Results of the order to submit financial transaction information to Party A1, 3, and the Director of the National Bank Business Support Center of this Court.
2. Determination
A. (1) The Plaintiff’s assertion (1) lent KRW 50 million to the Defendant on January 10, 201, and the Defendant paid only KRW 20 million among them. As such, the Defendant is obligated to pay the remainder of the loan and delay damages to the Plaintiff.
(2) The defendant's assertion is an employee of the company operated by the plaintiff and only supported the plaintiff's work and did not borrow money from the plaintiff.
B. According to the above facts of recognition, the plaintiff could have known that he remitted 50 million won to C, but according to the whole purport of pleading, it can be known that there is no relative relationship between C and the defendant, and there is no evidence to prove that the defendant used the above money to C.
In addition, since the transfer certificate or the financial account may be written at will by the sender of the money, the fact that the Plaintiff’s name is written in the transfer certificate or the bank account that the Plaintiff remitted 50 million won to C, the Defendant, not C, received the above money.