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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendant was in de facto marital relationship from around November 23, 2015 with Nonparty C who died on November 23, 2015.
B. The Plaintiff, on May 17, 2007, remitted 200,000,000 won on May 25, 2007, and 60,000,000 won on May 25, 2007 to the E bank account under the name of the Defendant, respectively, to the E bank account under the name of the Defendant, and remitted 30,000,000 won on behalf of the F Co., Ltd. (hereinafter “F”), to the D Bank account under the name of the Defendant, on December 3, 2007, to the H bank account under the name of the Defendant, and on behalf of the Defendant, remitted 10,000,000 won on June 25, 2007 to the H bank account under the name of the Nonparty.
C. Meanwhile, from the Jup account under the name of Nonparty I, KRW 60,00,00 on May 17, 2007, KRW 60,000 on May 25, 2007, KRW 78,000,000 on October 10, 2007, KRW 40,000 on December 3, 2007, and KRW 10,000 on L’s Jup account under the name of Nonparty I were separately withdrawn from the Jup account under the name of Nonparty I.
[Ground of recognition] Uncontentious facts, Gap evidence Nos. 1 through 7, Gap evidence Nos. 25 through 29 (including numbers; hereinafter the same shall apply), JJ heading point, JJ Young Il Branch, and K Union's fact-finding results of each fact-finding with respect to K Cooperatives, the purport of the whole pleadings
2. The parties' assertion
A. Upon the request of the Plaintiff C and the Defendant, the Plaintiff financed funds from the L in a de facto marital relationship, and from the F involved in the Plaintiff, and lent KRW 355,000,000 to the Defendant six times from May 17, 2007 to December 3 of the same year.
In 209, the Plaintiff thought that if the dispute arises between C and C around 2009, it would be able to receive a return of the above loan, but the situation under which the Plaintiff was detained and C died on or around December 2015. Thus, the Defendant’s repayment cannot be avoided. As such, the Plaintiff sought payment of money, such as the statement in the purport of the claim, to the Defendant.
B. Defendant C is unable to use an account or credit card in his name due to the bad credit standing in around 2007, and thus, is engaged in financial transactions through the Defendant’s account.