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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, based on the facts, has a loan claim that was finalized upon each payment order as follows.
① 54,00,000 won, and 6% per annum from May 1, 2014 to June 22, 2015, and 20% per annum from the next day to the date of complete payment (this Court Decision 2015 tea1939, Jun. 10, 2015). (2) The money transferred 20% per annum from June 23, 2015 to the 10th day of complete payment (this Court Decision 200,000 won, and 10% per annum from June 20, 2015 to the 10th day of complete payment (this Court Decision 201Da51940, Jun. 10, 2015). (3) The money transferred from the 10th day after the date of complete payment to the 10th day of E-1, 2015 to the 20th day of June 25, 2015.
[Evidence] Facts without dispute, Gap 1 to 4 evidence, the results of the extension of financial transaction information to the national bank, the purport of the whole pleadings
2. Determination:
A. The plaintiff's assertion that C transferred money to the account in the name of the defendant who was identified in the separate sheet of transactions in excess of his/her obligation constitutes either a donation of money to the defendant or a trust of this money to the account in the name of the defendant under the name of the defendant, and thus, C's property was reduced. Thus, it should be revoked as a fraudulent act, and accordingly, the defendant is obliged to pay the amount equivalent to the amount remitted and the damages for delay to the plaintiff.
B. In order for the obligor to have concluded a donation contract by means of false conspiracy or false representation with respect to the money remitted to another person’s deposit account, above all, a person who is objectively and objectively different from the obligor.