1. The plaintiff's claim is dismissed.

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

On March 9, 2015, the plaintiff's assertion on the cause of the claim entered and worked in D operated by C, and C requested the plaintiff to lend the operating fund.

Accordingly, from July 22, 2015 to July 1, 2016, the Plaintiff lent KRW 272,963,932 to D by means of transfer to D accounts, etc., and D pays KRW 37,00,000 to the Plaintiff from December 31, 2015 to June 13, 2016, the remaining principal of the loan is KRW 235,963,932 (=272,963,932 - KRW 37,00,000).

The defendant, establishing a mutual business entity called E, took over the debt of D to the plaintiff.

Therefore, the defendant is obligated to pay the loan principal to the plaintiff KRW 235,963,932 and damages for delay.

Judgment

In light of the above, a loan for consumption is established when one of the parties agrees to transfer the ownership of money or any other substitute, and the other party agrees to return such ownership to the other party in such a kind, quality and quantity (Article 598 of the Civil Act). As such, there must be an agreement between the parties as to the above point.

(see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). Moreover, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment, and thus, it cannot be readily concluded that there was a mutual agreement between the parties to a loan for consumption solely on the fact that such transfer was made.

(See Supreme Court Decision 2012Da30861 Decided July 26, 2012 (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). According to each of the statements in the health account of the Plaintiff or F, KRW 50,000,00 with the account number G account number G account, KRW 20,000 with the account number H account number of KRW 20,963,932 with the account number of KRW 272,963,932 with each of the account number of KRW 3,00,00, and deposited KRW 272,963,932 with the account number of KRW 1,30 with each of the statements in the account number of KRW A, however, the Plaintiff’s each of the statements in subparagraph 3-1 or 3 with