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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On February 6, 2009, the Plaintiff borrowed KRW 50 million from the Defendant to the Defendant’s financial account upon the Defendant’s husband’s request for medical expenses.
Therefore, the defendant is obligated to pay to the plaintiff the above loan amount of KRW 50 million and damages for delay.
B. The Defendant did not have any personal relationship with the Plaintiff, but did not borrow KRW 50 million for the husband C’s medical expenses.
C was dead in the process of being treated as the master cancer, but at the time the defendant was not in the state of insufficient treatment costs.
The plaintiff is merely a repayment of business funds with C and apartment complex site development project.
2. The Plaintiff’s husband C, while running the apartment complex site development business, died on March 14, 2009, while failing to recover. The Plaintiff’s transfer of KRW 50 million to the financial account under the Defendant’s name on February 6, 2009 to the financial account on February 6, 2009, may be recognized by taking into account each of the arguments as set forth in the evidence Nos. 1, 2, and 1 and 2 (including the number of each branch number).
However, since the process of remitting money can be diverse by means of repayment, donation, simple delivery, etc. even if it is not leased, the fact that a specific remittance amount is a loan under a monetary loan contract must be proved by the plaintiff who asserts it.
In this regard, the defendant did not borrow KRW 50 million from the plaintiff under the name of hospital expenses, and did not actively dispute that there was a monetary transaction between C and the plaintiff's business, while the plaintiff did not submit any objective evidence proving the existence of a monetary loan agreement, such as a loan certificate.
In addition, in the case of lending money to another person, the security or guarantor, etc. which can guarantee the payment of the repayment and interest shall be sought.