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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 Plaintiff asserted that: (a) during the period from February 10, 2004 to October 1, 2004, the interest rate of KRW 216,960,340 was set at 2% per month between February 10, 2004 and October 1, 2004; (b) the Plaintiff loaned KRW 216,960,340 over 18 times, but was repaid KRW 165,80,00 in total over 12 times from May 10, 2004 to December 30, 2014.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 56,160,340 won (=216,960,340 won - 160,800,000 won) and damages for delay.
2. Determination
A. According to the statements in Gap evidence Nos. 1-1-3 and 2-2, the plaintiff is recognized as the fact that the plaintiff remitted the total amount of KRW 216,960,340 to the deposit account in the defendant's name from February 10, 2004 to October 1, 2004.
Meanwhile, comprehensively taking account of the absence of dispute between the parties or the result of the order to submit tax information to the director of the tax office in the North Daegu Daegu District Tax Office and the purport of the entire pleadings, the Plaintiff loaned money to the Defendant’s father C who was engaged in the business of supplying and performing glass at the construction site of apartment building from around 1994; C was in default and bad credit around that time; C was registered under the name of the Defendant, the name of the business from the Daegu Northern District Tax Office on December 18, 1998, and resumed the business again; C was running the business under the name of the Defendant; C was requesting C to borrow business funds or pay or pay goods using the deposit account in the Defendant’s name while running the business in the name of the Defendant; C requested C to lend business funds to the Plaintiff around 2004; as seen above, the Plaintiff loaned money to C over 18 times from February 10, 2004 to October 1, 2004.
In light of the above facts, it is recognized that the Plaintiff lent the above money to the Defendant solely on the ground that the Plaintiff simply remitted the above money to the Defendant’s deposit account in the name of the Defendant from February 10, 2004 to October 1, 2004 on a total of 216,960,340 won over 18 occasions.