beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On January 7, 2016, the Plaintiff’s basic facts are not the Defendant’s bank account; KRW 6,800,000,000 on January 28, 2016; KRW 4,000,000 on February 22, 2016; KRW 3,400,000 on March 25, 2016; KRW 3,000,00 on April 8, 2016; KRW 48,50,000 on April 20, 206; KRW 4,000,000 on May 19, 2016; and KRW 9,700,00 on the aggregate; and KRW 9,700 (hereinafter “instant money”); or the Defendant’s assertion that the money was remitted to the Plaintiff may not be deemed to have been transferred to the Plaintiff; and each of the parties’ respective evidence 201,700,700,700 (hereinafter “instant”).
2. The plaintiff's assertion and judgment
A. The plaintiff lent the instant money to the defendant and received KRW 1,800,000 from the defendant, and the defendant is obligated to pay the remainder of KRW 97,900,000 to the plaintiff and delay damages.
Although the fact that the Plaintiff remitted the instant money to the Defendant is recognized as above, the evidence submitted by the Plaintiff, such as the above facts of recognition and the evidence No. 4, is insufficient to recognize that the Plaintiff and the Defendant entered into a monetary loan agreement on the instant money, and there is no other evidence to prove otherwise.
Rather, comprehensively taking account of the overall purport of the arguments in the statement No. 6-1 through 12, No. 7-1 through No. 7-21, the Plaintiff loaned at least 340,000 won from that time to July 19, 2015, including remitting KRW 40,000 to Dong C by the Defendant’s Dong C on March 19, 2014. According to the above facts of recognition, the Plaintiff seems to have remitted money to the bank account under the name of the Defendant at the request of the Defendant C.
B. The Plaintiff asserts to the effect that the Plaintiff should compensate the Plaintiff for damages, as the Plaintiff caused damages by lending his/her deposit account to C.
However, by allowing the defendant to use his bank account to C, the defendant's fraud against C.