beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is a person who established a medical welfare facility for the aged (hereinafter “instant medical facility”) under the name of “D medical facility” on the ground of Yangyang-si, Yangyang-si, 2013, and E is the director in charge of the operation of the instant medical facility, and the Defendant and E are the managers in charge of the instant medical facility.
When the Defendant established the instant medical care center and required facility costs, repair costs, etc., the Defendant borrowed a total of KRW 15 million from the Plaintiff, including KRW 30 million on March 20, 2012, KRW 70 million on March 30, 2012, KRW 15 million on July 9, 2012.
Therefore, the defendant is obligated to pay to the plaintiff the borrowed amount of KRW 15 million and delay damages.
2. Therefore, as to whether a loan contract for consumption was concluded between the Plaintiff and the Defendant as alleged by the Plaintiff, the following circumstances, namely, the person who actually established and operated the medical care center of this case, namely, E rather than the Defendant, and the person who requested the Plaintiff to lend money at the time of the above loan, the Defendant’s account in the name of the Defendant was managed by E as the corporate account of the medical care center of this case, and the Plaintiff and the Defendant were against the relationship in which money was traded several times from 2008 to the recent time, and the Plaintiff and the Defendant did not have any relation prior to the time of the loan. In light of the above, it is difficult for the Plaintiff and the Defendant to believe that some testimony of the witness E, which seems consistent with the Plaintiff’s alleged facts, is insufficient to recognize them only with the statement of subparagraphs 1 and 2, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s above assertion is without merit.
3. The plaintiff's claim of this case is dismissed as it is without merit.