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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
In a case where a remittance is made to another person's deposit account, the remittance can be made based on various causes, such as loan for consumption, donation, repayment, simple delivery, etc. Therefore, even if there is no dispute as to the existence of money between the parties, the plaintiff asserts that the cause of the receipt of money is a loan for consumption, while the defendant asserts that the receipt of money was made due to a loan for consumption, and if it is asserted by
(2) In light of the legal principles as seen earlier, the Plaintiff’s account and Defendant B’s representative director from January 17, 2017 to April 28, 2017, and in fact, deposited KRW 53,00,000 to the account of D Co., Ltd. operated by Defendant C. However, according to each of the statements in subparagraphs 1 through 14, the fact that the construction contract was concluded between the Plaintiff and D Co., Ltd. and the funds were made due to construction. Accordingly, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff was a loan of KRW 53,00,000,000.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.