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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’s assertion became aware of the Defendant, who was a partner of Nonparty C while teaching with Nonparty C, and upon the Defendant’s request, from July 14, 2014 to November 21, 2016, the Plaintiff lent KRW 42,850,000 in total over ten times as follows, and thus, the Defendant is obligated to pay the Plaintiff KRW 42,850,000 and delay damages.
2015-07-14,850,00 won in No. 32015-08-18,000,000 won in transaction of the deposited amount 32015-18-18,000 won 42015-09-05,000,000 won 6,000,000 won in 6,005-09-05 6,000,000 in 6,009-09-09-05,000 won in 72015-09-09-05,000,00 won in total 3,000,005-3,000,000, 2016-11-21, 6,000,000 won in total 6,010-16,010-20,010-16,000
2. In full view of the purport of the entire pleadings in Gap evidence No. 1, it is recognized that the Plaintiff transferred the sum of KRW 42,850,000 to the Defendant’s account as shown in the above table, the Plaintiff’s deposit account in the Plaintiff’s name was transferred KRW 400,000 on October 31, 2015, KRW 200,000 on August 31, 2016, and KRW 200,000 on October 1, 2016.
However, the aforementioned evidence and evidence Nos. 1 and 2 (including each number), and the following circumstances, i.e., the witness C living together with the Plaintiff for three years from this Court to August 6, 2017, and the Plaintiff used the Defendant’s deposit account and card, and the amount deposited into the Defendant’s account under the Defendant’s name was lent to the Plaintiff himself/herself, and the money deposited to the Plaintiff under the Defendant’s name was paid to the Plaintiff by himself/herself as interest concept, and the Defendant stated that the money deposited to the Plaintiff was not lent money to the Plaintiff by himself/herself or through the witness. According to the Plaintiff’s assertion, the Defendant lent several million won to the Defendant without any relationship, and there was no fact that the Defendant and the Defendant did not prepare a loan certificate or set the due date and interest, etc. with respect to the loan.