1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The plaintiff asserted that while living together with the defendant, the plaintiff lent 40 million won upon the defendant's request that he/she lent the purchase fund of private taxi.

At the time, the Plaintiff changed the certificate of loan to the Defendant, but the Defendant decided to write a letter of performance on behalf of the Defendant, and the Plaintiff received a letter of performance from the Defendant and paid a total of KRW 68.7 million to a private taxi dealer.

After that, the Plaintiff received only KRW 28.7 million from the Defendant, and still remains a loan of KRW 40 million, and the Defendant refuses to return the loan even after the Plaintiff’s continuous demand after the establishment of the house. As such, the Plaintiff filed the instant lawsuit.

2. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 and 2, the Plaintiff and the Defendant drafted a letter of each other’s performance on August 29, 2013, and among them, included the Defendant’s performance that “the right to own an individual taxi is jointly held,” and the fact that the Plaintiff remitted a total of KRW 68.7 million to Nonparty C from September 3, 2013 to September 13, 2013 is recognized.

However, recognition of KRW 40 million as a loan by the Plaintiff is not only ambiguous in the contents of the above letter, but also according to the Defendant’s written abstract of resident registration submitted by the Plaintiff, the Plaintiff and the Defendant appears to have lived together for at least five years. Therefore, it may be deemed that the Plaintiff shared the funds by preparing a private taxi as a means of living necessary for the joint living of the two persons in the future.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.