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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 parties' assertion
A. On December 2013, the Defendant requested that the Plaintiff lend KRW 50 million to the Plaintiff among the police officers.
The plaintiff did not know the amount of money, but the defendant asked to lend money to another person, which the plaintiff borrowed KRW 50 million from C, and C transferred KRW 50 million to the defendant's account.
After that, the defendant did not pay interest only once, and the defendant did not pay the plaintiff's debt even at the request made several times.
Therefore, the Plaintiff claims KRW 50 million and damages for delay against the Defendant.
B. The Defendant did not borrow KRW 50 million from the Plaintiff, and the Plaintiff invested KRW 50 million in order to conduct D business with the Defendant.
2. Determination
A. According to the evidence Nos. 2 and 4, the fact that C remitted KRW 50 million to the Defendant on December 20, 2013 is recognized.
B. However, according to the statements in Eul evidence Nos. 1 through 9, the following facts are acknowledged: ① by April 8, 2014, the plaintiff entered into an agreement with D Co., Ltd. (hereinafter referred to as "D") for the intra-company director of D Co., Ltd. (the trade name was changed to E; hereinafter referred to as "D") and the defendant was also registered as an intra-company director of the same company until August 16, 2016; ② D purchased private-si F land at KRW 75 million on May 9, 2014, and completed the registration of transfer of ownership under the name of D on June 16, 2014; ③ upon the request of D Co., Ltd. (hereinafter referred to as "G") on July 22, 2014; ③ upon the request of D’s representative director, D appears to have received KRW 1.5 billion from G to pay the remainder of D Co. 1,500,1000,714.