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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 3, 2014, in the presence of the Plaintiff, the Defendant, C, and D, the Plaintiff, and the Defendant, the Defendant borrowed 30 million won from the Plaintiff and received 30 million won.
At the time, the Plaintiff stated that “the above 30 million won will be transferred to the Defendant’s passbook after preparing the above documents.”
However, the Plaintiff paid KRW 20 million to C without paying the above money to the Defendant, and replaced the remaining KRW 10 million with the amount lent to C around June 2014 by the Plaintiff.
[Ground of recognition] Unsatisfy, D’s testimony, part of witness C’s testimony, Gap evidence 1, 2, Eul evidence 3, the purport of the whole pleadings
2. Determination
A. The loan for consumption is not, in principle, a contract for a loan for consumption, and thus, the lender was not paid the amount of the loan for consumption by the lender.
agreement for a loan for consumption may be concluded.
However, it is possible to enter into a loan contract that is similar to a loan for consumption on condition that the money is paid.
According to the above facts, a contract concluded between the Plaintiff and the Defendant appears to have been concluded on the condition that the Plaintiff transfer the borrowed money to the Defendant’s passbook. Since the Plaintiff failed to satisfy the above conditions, it cannot be deemed that the said money borrowed contract was concluded.
B. The plaintiff alleged that C had the authority to receive the money on behalf of the defendant, even if it was a condition to receive the money on behalf of the defendant, if C had the authority to receive the money on behalf of the defendant and C received the money without the defendant's direct receipt, the contract for borrowing was concluded. However, according to the above facts, the defendant is deemed to have decided to receive the money directly from the plaintiff to the defendant's passbook, and only part of the witness C's testimony.