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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 September 30, 200,000 won on the account under the name of the defendant, and on March 2, 2010, KRW 7,000,000, and KRW 870,000 on March 8, 2010, and KRW 870,000 on July 21, 201, and KRW 41,870,000 on September 6, 201 (=20,000,000, KRW 7,000,000,000, KRW 7,0000,000, KRW 7,000,000, KRW 7,000,000,000, KRW 7,0000,000,000,000, KRW 870,000,00 on the account under the name of the defendant, the plaintiff may not dispute between the parties, or may recognize it as Gap’s evidence 1 through 4-1.
2. The assertion and judgment
A. Each of the parties' arguments lending KRW 41,780,00 in total to the defendant through the introduction of C, the plaintiff, and even if the defendant allowed C to make a monetary transaction with the plaintiff using his/her own account, the defendant bears the responsibility of the nominal lender, and thus, the defendant asserts that C is liable to pay the above loan to the plaintiff. As such, the defendant asserted that C is liable to pay the above loan, the defendant opened the Mbner account, etc. in the name of the defendant in accordance with C's request for collection of the existing loan claim held against C and allowed C to use it, and did not know the money transaction between C and the plaintiff. Therefore, the plaintiff's claim is unlawful
B. Determination 1) We examine whether the Defendant is a party to a loan for consumption with the Plaintiff. The loan for consumption is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return such ownership to the other party in such kind, quality, and quantity (Article 598 of the Civil Act). As such, it is natural that there is an agreement between the parties as to the foregoing (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). In the event of a transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as investment, loan for consumption, donation, and repayment, and such transfer is made only on the basis of the fact that such transfer was made.