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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is between C and his wife, who is the Defendant’s Republic of Korea.
B. On September 25, 2013, C operated E with the trade name of “E” in the name of the Defendant and ASEAN under the name of “E” (hereinafter “E”).
(c)
On March 27, 2017, the Plaintiff remitted total of KRW 47,000,000,000 to the Defendant’s account, and KRW 9,000,000 on May 2, 2017, and KRW 47,00,000 on June 5, 2017.
[Grounds for Recognition] Unsatisfy, Gap evidence Nos. 1, Eul evidence Nos. 1 and 2, the purport of the whole pleadings
2. Under the Plaintiff’s assertion, the Defendant is liable to pay KRW 47,000,000 and delayed damages to the Plaintiff according to the following selective claims.
A. The Plaintiff borrowed KRW 47,00,000 to the Defendant upon receiving a request from C to lend money (the first cause of claim). B. The Defendant permitted C to operate E by using the Defendant’s name or trade name, and thus, C is liable to repay KRW 47,00,000 borrowed by C to the Plaintiff who traded the Defendant as the business owner of E (the second cause of claim).
The defendant has prevented C from committing a tort by borrowing KRW 47,00,000 from the plaintiff without the intention of repayment and ability of repayment (the third cause of claim).3.
(a) Determination on the cause of claim 1 (i.e., lending prior to gold consumption) that money was paid due to borrowing and lending of consumption;
In order to pay the money, the agreement between the parties to the loan for consumption and the lending should be reached at the time of the payment, and if the other party contests the cause of the receipt and lending of money, the party has the burden of proving that the receipt and lending was made due to consumption and lending.
I would like to say.
2) As to the instant case, the fact that the Plaintiff remitted total of KRW 47,00,000 to the Defendant’s account is as seen earlier, but the Plaintiff paid the said money to the Defendant.
The contents of specific consumption lending contract, such as due date and interest, are stated.