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The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion asserts that the Plaintiff sought a loan since the Defendant did not change the interest and the repayment period, by remitting KRW 65 million to the Defendant’s account seven times from February 23, 2015 to February 24, 2015.
2. Determination
A. According to the evidence evidence Nos. 1 and 6, the Plaintiff’s account was transferred from February 23, 2015 to the Defendant’s account (hereinafter “the instant money”) on seven occasions from February 24, 2015 to February 24, 2015, and the transaction name of “loan deposit” in the said transfer transaction can be acknowledged as having been written in the passbook.
B. In doing so, after examining whether the Plaintiff lent the instant loan to the Defendant, comprehensively taking into account the descriptions of Gap evidence Nos. 4 through 7, and Eul evidence Nos. 1 through 23, it can be deemed that the Plaintiff directly lent the instant loan to the Defendant by using the Plaintiff’s account.
shall not be appointed by a person.
(1) The deceased on November 16, 2015.
The deceased (hereinafter referred to as “the Deceased”) was Do, South and North E, and women F under the supervision of the deceased.
D and the defendant have a child G (193) and H (2000). The defendant divorced on June 1, 2006 from D and D died on June 8, 201.
(2) The Deceased has been engaged in monetary transactions using the name of his/her child, and the Plaintiff has been mainly in charge of such transactions.
(3) The instant money is sent to C to I by the Corporation.
The Plaintiff appears to have remitted money to the Plaintiff to the account and the Plaintiff transferred money to the Defendant (Article 6 and 7 of the evidence). However, there is no circumstance to view that direct lending relationship exists between the Plaintiff and the Defendant, and the Plaintiff did not have any means to claim the Defendant for direct payment of principal and interest during the said period before the instant lawsuit is filed (the above transaction name is unreasonable for the Plaintiff unilaterally stated). Rather, the Plaintiff, the Defendant, and the Deceased, etc.