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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. On September 2, 2015, the Plaintiff remitted KRW 30,000,00 to the account under C’s name (hereinafter “instant loan”).
B. Afterward, the Plaintiff received KRW 3,00,00,000 on October 1, 2015, through the account under the name of D, which is the interest on the instant loan, (i) 00,000,000 on November 2, 2015, and KRW 1,500,000 on December 1, 2015 (i.e., KRW 500,000 on December 31, 2015, KRW 1,500,000 on December 31, 2015, KRW 00,000, KRW 60,000 on June 1, 2016, KRW 1,50,000 on June 1, 201, KRW 1,500,000 on KRW 1,50,000 on March 21, 2016, KRW 00 on June 10, 2016;
【Ground for Recognition: Facts without dispute, Gap evidence 3, Gap evidence 4-1 to 4, Eul witness's testimony, and the purport of whole pleadings】
2. The assertion and judgment
A. Each of the parties' arguments (1) The plaintiff's summary of the plaintiff's assertion has a duty to pay the plaintiff the amount stated in the purport of the claim with the loan interest of KRW 30,000,000 to the defendant, upon receiving a request for a loan from the defendant.
(2) The defendant's introduction of the defendant's summary of argument that the plaintiff lent the loan of this case to C is not the debtor of the loan of this case, but there is no means to guarantee the debt of this case, and thus the plaintiff's claim is improper.
B. According to the reasoning of the judgment, Gap evidence No. 1, Eul evidence No. 4-5, Eul evidence No. 4-5, and the witness's testimony and arguments, the defendant sent letters and notes to the effect that he/she wishes to lend money to Eul to the plaintiff as security by requesting the plaintiff to lend money. The defendant sent KRW 5,00,000 to the plaintiff on March 31, 2017. However, according to the evidence adopted by this court, Eul requested the defendant to introduce the transfer of business funds to the defendant who operated the cosmetics seller while running the cosmetics, and Eul requested Eul to introduce the transfer of business funds to the defendant who operated the cosmetics seller.