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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff alleged by the parties, from September 1, 2009 to April 23, 2013, transferred KRW 23,743,140, and from July 30, 2012 to April 30, 2013, transferred KRW 4,856,250, and from January 30 to June 27, 2012, the sum of KRW 32,49,39,390, the sum of KRW 32,49,39, and KRW 399,00, the sum of KRW 12,12,140, to the account under the name of the defendant, to the account under the name of the plaintiff, was deducted from the sum of KRW 23,743,140, and the remainder of KRW 138,138,196,58, and the remainder of KRW 137,58,196,5,200.
As to this, the Defendant lent money to the Defendant using the Plaintiff’s account, which was the Plaintiff’s father and the Defendant’s omitted relationship, with the Plaintiff’s father and the Defendant, and the Defendant agreed on September 25, 2013 as KRW 24,450,00, and the Defendant issued to E a receipt of KRW 24,450,00. October 2013, 2013, upon receipt of payment order for E to pay KRW 24,450,000 against the Defendant on the basis of the above receipt (Seoul District Court Decision 2013Hu1930, Incheon District Court Decision 2013Da1930, Nov. 1, 2013 to December 30, 2013, the Defendant asserted that the Plaintiff’s claim cannot be complied with.
2. As to the relationship between E and E with bad credit standing, the lending of money to the Defendant using the Plaintiff’s account; the receipt of KRW 24,450,000 was issued on September 25, 2013; E received the above payment order attached with the above receipt; E’s lending of money to the Defendant using the Plaintiff’s account is included in the claim amount of the above payment order; and E’s lending of money to the Defendant in addition to the claim amount of the above payment order, the Plaintiff also acknowledges that there was no money lent by E to the Defendant.
In addition, considering the purport of the entire argument in the statement Nos. 5 and 6, the Defendant’s statement in the above payment order from November 1, 2013 to December 30, 2013 to E is KRW 26,741,120.