Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff and the defendant are South Korea.
B. Around November 23, 2018, the Plaintiff, the Defendant, and the Defendant’s mother-friendly C signed at the lower end of the attached Table (hereinafter “instant table”).
[Ground of recognition] Unsatisfy, Gap1's entry, witness C's testimony, purport of whole pleadings
2. Determination
A. The Plaintiff’s assertion agreement that C transferred the Gangseo-gu Seoul Metropolitan Government D Apartment E to the Defendant, and paid KRW 80 million deposited in his own account to the Plaintiff. The Defendant did not pay KRW 80 million deposited in the name of C to the Plaintiff while receiving payment from C pursuant to the instant agreement. As such, the Defendant is obligated to pay the Plaintiff the above KRW 80 million and the delay damages.
B. According to the reasoning of the judgment of the court below and the witness C’s testimony, C visited the fire-fighting Dong branch of the F Bank with the Defendant on December 2, 2018 to cancel the term deposit and withdraw approximately KRW 80,000,000,000,000,000 from the Defendant’s office. It can be acknowledged that C had the Defendant keep the said money during the Defendant’s house. However, in full view of the purport of the entire pleadings, C may be recognized as having the Defendant keep the said money from the Defendant’s house for 15 days, and return the said money to the Defendant’s house, and there is no other evidence to reverse the said recognition.
Therefore, the plaintiff's assertion based on the premise that the defendant is in custody is without merit.
3. Conclusion