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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C is the father of the Plaintiff’s network, D is the mother of the Plaintiff, and E is the spouse of the Defendant’s death.
C died on July 23, 201, while E died on October 14, 2012.
B. E was engaged in financial transactions using the Defendant’s account due to bad credit standing. However, from the account in C’s name to the account in the Defendant’s name, KRW 10 million was deposited on March 31, 2003, and KRW 200 million on August 13, 2004 (hereinafter “the instant money”).
C. Meanwhile, from January 2005 to April 201, the account under the name of the Defendant was deposited in C from January 2005 to April 201, and from May 201 to December 2012, 300,000 won per month from D’s account.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 5, 6, 8 through 10, Eul evidence Nos. 2 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the instant money was due and loaned at an annual interest rate of 12% on December 13, 2005. Accordingly, C and the Plaintiff agreed that the borrower would be the Plaintiff, and the Defendant agreed that the borrower would be the Defendant, and the Defendant paid interest on the said money even after the death of E, the Defendant asserted that the Plaintiff should pay the instant money as the borrower of the instant money and the interest accrued or delay damages accrued therefrom.
B. On the Defendant’s assertion, the Defendant asserts that the instant money was lent to E by C, and the Plaintiff and the Defendant are not parties to a monetary loan agreement on the instant money, and the Defendant did not consent to the borrower of the instant money to the Defendant or have not acknowledged the obligation.
3. We examine whether the Defendant agreed to, or consented to, pay the debt to the borrower of the instant money.
In addition to the evidence evidence Nos. 14 and 17, the instant money is included in the said evidence, even after October 2012, 2012.