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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
A. On May 27, 2005, the Plaintiff borrowed KRW 30 million from the Defendant.
B. The Plaintiff remitted the total amount of KRW 30,50,000 to the repayment of the above borrowed amount, and repaid the said borrowed amount in full.
C. However, the defendant filed a lawsuit against the plaintiff (the lawsuit claiming the repayment of the loans of KRW 25 million). The plaintiff is entitled to the above A.
The claim that the loan amount of KRW 30 million has not been repaid. D.
The plaintiff paid KRW 30,50,000 to the defendant as above, and if the defendant does not recognize the above repayment, it is the defendant's profit without any legal ground, and thereby the plaintiff suffered a loss equivalent to the above amount.
E. Therefore, the defendant must return the above KRW 30.5 million to the plaintiff as unjust enrichment.
2. Determination
A. The defendant lent 30 million won to the plaintiff on May 27, 2005, the fact that the plaintiff transferred 30 million won to the plaintiff on August 26, 2005, the amount of KRW 7.5 million on August 26, 2005, KRW 1.5 million on August 27, 2005, KRW 1.5 million on the 27.1.5 million on the same month, KRW 5 million on November 5, 29 of the same year, KRW 200,000 on November 5, 191 of the same year, KRW 2.1 million on December 21, 2003, and KRW 30.5 million on January 23, 2006, to the defendant's account under the name of the defendant. There is no dispute between the parties.
B. Furthermore, in light of the following facts, it is not sufficient to recognize that the Plaintiff paid the above money to the Defendant as the repayment of the loan obligation on May 27, 2005, in consideration of the following facts acknowledged by comprehensively considering the overall purport of the pleadings as to whether the Plaintiff paid the above money to the Defendant as the repayment of the loan obligation on May 27, 2005, and there is no evidence to acknowledge otherwise.
① On January 19, 2013, the Plaintiff stated “the borrowed loan amounting to KRW 25 million, the Plaintiff’s obligor, and the due date for repayment” as “the borrowed loan certificate is below the same.”