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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 network D (D appears to have died in around 2014; hereinafter “the network”) worked in HSBC E (F branch) around 2009, and around that time, it has been operating the Plaintiff’s funds by managing the HSBC bank account in the name of the Plaintiff on behalf of the Plaintiff residing in Jinju-si.
B. On January 18, 201, the Deceased who represented the Plaintiff agreed to lend the Plaintiff’s funds of KRW 200,000,000 (hereinafter “the instant loan”) to the Defendant, a company engaging in credit business, to the Defendant, at the time of the request for payment, within 1.5% per month, and within 30 days from the date of the request for payment. At the request of the Deceased, the Defendant agreed to deposit the interest of KRW 1% per month into the post office account in the name of the Plaintiff, to deposit the interest of KRW 0.5% per month into the HSBC bank account in the name of G, and thereafter, on January 18, 2011, the Plaintiff paid the interest of KRW 1% per month in advance on January 18, 2011 (the instant loan was made in advance on the 18th day of each month, and within 30 days upon request for payment, to the Deceased.)
C. On January 18, 201, the Deceased transferred KRW 147,750,000 from the HSBC bank account in the name of the Plaintiff to the Defendant’s account after deducting advance interest, etc. from KRW 150,000 among the instant loans. On January 27, 2011, the Deceased transferred KRW 50,000 from the HSB bank account in the name of the Plaintiff to the Defendant’s national bank account in the name of the Plaintiff (each of the above transactions signed and sealed by the Deceased on behalf of the Plaintiff) and on the same day, from the national bank account in the name of the Plaintiff to the Defendant’s account.
Plaintiff
By June 22, 2012, KRW 2,00,000, which is the interest rate of 1% per month of the instant loan, was deposited in the post office account in the name of the post office account, but the interest thereafter was not deposited.
[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, Gap evidence 5-1, 2, Gap evidence 6, Eul evidence 7, the purport of the whole pleadings
2. Determination
A. Determination on the cause of the claim