beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Although the Defendant intended to purchase Nos. 301, 401, and 501 (hereinafter “the instant real estate”) located in Seo-gu Incheon, Seo-gu, Incheon for the purpose of shooting and business from the KF real estate trust Co., Ltd., 100 million won out of down payment of KRW 130,600,000 was insufficient.
B. On May 13, 2016, the Defendant requested D, known to ordinary people, to prepare KRW 100 million, and D requested D to the Plaintiff, who was aware of its reputation, and the Plaintiff transferred KRW 100 million to E’s account, his father’s father, to the Plaintiff.
C. On May 20, 2016, the Defendant entered into a contract to purchase the instant real estate in KRW 1,390,890,000 from the K non-Real Estate Trust Co., Ltd., and D transferred the instant real estate to the account of the K non-Real Estate Trust Co., Ltd., which was remitted from the Plaintiff at the Defendant’s request on the same day.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 3 through 6, 9, 10 and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The plaintiff's assertion that around May 13, 2016, the plaintiff lent KRW 100 million to the defendant by introduction or representation of D, and that the plaintiff was not paid KRW 85 million among them, so the defendant is obligated to pay the remaining amount of 85 million and delay damages to the plaintiff.
In regard to this, the defendant did not borrow 100 million won from D, but did not borrow from the plaintiff.
B. As to whether the Plaintiff lent KRW 100 million to the Defendant, the written evidence Nos. 7 and 11 (written confirmation) presented as to whether the Plaintiff leased it to the Defendant is sufficient to examine the following circumstances, namely, the following circumstances acknowledged by comprehensively taking account of the respective descriptions of Nos. 1 and 2 as well as the overall purport of testimony and pleadings by witnesses D, namely, ① the Plaintiff and the Defendant have no way to see, while D are well-known with the Plaintiff and the Defendant. However, the Plaintiff loaned a large amount of 100 million to the Defendant, which had no way to see, e.g., the Plaintiff and the Defendant.