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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 parties' assertion
A. On September 10, 2015, the Plaintiff’s summary of the Plaintiff’s assertion was determined and lent to the Defendant 50 million won a monthly interest rate of 1% and one year after the due date.
Therefore, as a repayment of borrowed money, the Defendant is obligated to pay the Plaintiff the interest and delay damages at the rate of 12% per annum from September 11, 2015 to the delivery date of a copy of the complaint of this case, which is from September 11, 2015 to the delivery date of a copy of the complaint of this case, and the interest and delay damages at the rate of 15% per annum from the next day to the day of complete payment.
B. The gist of the Defendant’s assertion is that the Plaintiff lent KRW 50 million to Nonparty C by means of remitting money to the Defendant’s passbook, and only the Defendant received money from the Plaintiff upon C’s request and delivered it to C.
2. According to the statement in Gap evidence No. 1, the fact that the plaintiff remitted KRW 50 million to the defendant's passbook on September 10, 2015 is recognized.
However, comprehensively taking account of the following circumstances as revealed in the evidence Nos. 2, 3, and 7 as a whole, it is insufficient to acknowledge that the Defendant borrowed KRW 50 million from the Plaintiff. Rather, it is reasonable to deem that the Defendant borrowed the above money from the Plaintiff as C.
Therefore, the plaintiff's assertion is not accepted.
C. On September 10, 2015, written a confirmation that “The Plaintiff borrowed KRW 100 million from the Plaintiff as interest rate 1% per month, and KRW 50 million out of the said money was remitted in the name of the Defendant, and the Plaintiff was repaid a part of interest on the said borrowed money directly to the Plaintiff” (Evidence B No. 2 and 3). The following criminal proceedings support the content of the confirmation.
The Plaintiff filed a complaint with C and the Defendant, etc. with the purport that “I would pay one copy per month of interest if I would borrow money for the operation of the amusement room, and would make a full payment after one year, thereby acquiring KRW 100 million from the Plaintiff.”