beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The Plaintiff is the birth of the deceased C (the deceased on July 29, 2014, hereinafter “the deceased”), who was the husband of the Defendant, and the birth of the deceased and the Defendant, both.
Around March 2003, the Defendant couple asked the Plaintiff to provide money for the preparation of living expenses and educational expenses for children. Around that time, the Plaintiff received a loan of KRW 200 million from the Dong-si D land and the building on the ground of the Dong-dong and Dong-dong, Dong-dong, where the Plaintiff owned, from the Dong-dong community credit cooperative, and lent KRW 180 million among them to the Defendant couple.
From March 2003 to June 2014, the Defendant couple paid KRW 120 to KRW 1.3 million each month as interest to be paid from the account held in the name of the Defendant or the Deceased to the account of the Plaintiff or the Plaintiff’s wife F, and repaid KRW 30 million total of principal on March 31, 2010 and March 7, 2013.
However, since the defendant did not pay the remaining loans of KRW 150 million to the plaintiff after the death of the deceased, the plaintiff sought payment of the money stated in the purport of the claim against the defendant.
B. The defendant did not borrow money from the plaintiff.
Since 195, the deceased has been operating a business (GG and H corporation). The plaintiff only lent money to the deceased's business fund upon the request of the deceased who was the deceased.
Since the deceased was unable to conduct financial transactions in his name due to bad credit standing from 1998 to 2012, the deceased opened an account under his name and made financial transactions. Therefore, the account was used only in the name of the defendant.
2. We examine whether the Defendant jointly borrowed money from the Plaintiff with the Deceased.
First, in full view of the descriptions of Gap's evidence Nos. 4 through 6 (including numbers, if any, and hereinafter the same shall apply), the money was transferred from the account in the name of the defendant to the account in the name of the plaintiff or the plaintiff's wife F.