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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Case summary and judgment
A. From December 8, 2016 to August 23, 2019, the Plaintiff asserted that D loaned a total of KRW 180,700,000 to D and was KRW 135,162,00,000, which was the money not repaid. The Plaintiff sought payment against the Defendants who inherited D who died after the said monetary transaction in one-half equity, respectively.
B. 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 loans for consumption, donations, and repayment, so it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such transfer was made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The Plaintiff asserts that such transfer was made based on a loan for consumption.
(See Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). C.
The Plaintiff asserts the cause of the claim based on the details of the transfer through the deposit account with the deceased (the evidence No. 1-3). As so alleged, the account transfer details do not conflict between the parties, but can not be readily concluded that there was the consistency of the intent of the parties to the loan for consumption by itself.
Among these, there is no loan certificate or other disposal document between the plaintiff and the deceased, there is no specific assertion between the plaintiff as to the contents of the loan contract in question, such as the due date and interest rate, and there is no ground to view that the deceased paid the interest on a regular basis to the plaintiff when based on the statement in subparagraph 1-1 through 3.
In addition, the confirmation of Gap evidence Nos. 4-1 through 6 submitted by the plaintiff is merely the purport that the plaintiff became aware of the loan transaction between the plaintiff and the deceased from the plaintiff and the deceased (it is not objective verification).