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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 Plaintiff’s assertion made a loan of KRW 5,245,00 in total to the Defendant from January 10, 2014 to May 13, 2018. As such, the Plaintiff sought payment of KRW 55,245,00 to the Defendant and damages for delay.
2. According to each of the evidence Nos. 1 and 5, the customer director of the Plaintiff Company, prepared by C, who worked for the Plaintiff Company, shall be deemed to have KRW 55,245,00 as a short-term loan to the Defendant. The fact that from November 2013 to April 2018, a total sum of KRW 200 million was remitted from the Plaintiff Company’s account to the Defendant’s account, and a total sum of KRW 140,000 was remitted from the Defendant’s account to the Plaintiff Company’s account is recognized.
However, in full view of the circumstances such as the evidence and the statement of the witness C, i.e., ① the Defendant’s husband C worked for the Plaintiff Company until July 2018, and was the bad credit holder at that time, and thus, C used the Defendant’s account when doing money transaction, such as wages and loans, between the Plaintiff Company and the Plaintiff Company. ② C accounts for the amount remitted from the Plaintiff Company to the Defendant’s account as a short-term loan to the Defendant in accordance with the advice of the employees of the accounting office as to the above money transaction, ③ the amount of short-term loan in the Plaintiff’s business partner’s account is larger, ③ the amount of short-term loan in the Plaintiff’s business partner’s account is larger, and C transfers the money to the Plaintiff Company and then transfers the money to the Plaintiff Company with the Defendant’s account again. In full view of the above circumstances, there is insufficient evidence to acknowledge that the Plaintiff loaned the money claimed by the Plaintiff to the Defendant, and there is no other evidence to acknowledge otherwise.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.