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Reasons
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(영문) 대구지방법원안동지원 2015.12.09 2015가단20520
대여금
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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. The plaintiff is the operator of C, and D is the operator of E's curios shop, and the defendant is D.

(c).

On March 2010, the Plaintiff sent the Defendant KRW 24,00,000 (hereinafter “the instant money”) to the Defendant on March 25, 2010.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, testimony of witness D, purport of whole pleadings

2. The plaintiff asserted that on March 25, 2010, the defendant lent the instant money to the defendant, and on the ground that the defendant did not repay it, the defendant sought payment of the above loan and delay damages against the defendant, while the defendant did not lend the instant money to the defendant as to whether the plaintiff lent it to D or not, the defendant did not have the obligation to pay the above loan and delay damages.

3. The plaintiff transferred the money of this case to the defendant as seen above. However, the following circumstances acknowledged by witness D and F's testimony and the purport of the entire argument, i.e., when the plaintiff found D on March 25, 2010, the plaintiff transferred the money of this case to the defendant, knowing that D had been urged to pay its debts from the defendant, the plaintiff sent the money of this case to D, the plaintiff sent the money of this case to the defendant after sending the money to D, the plaintiff sent the money of this case to the defendant after sending the money to D, and the plaintiff would have lent the money of this case to D after sending the currency with G, and the plaintiff would have lent the money of this case to the defendant. In the end, at the time of the above time, the defendant was the defendant, and D's certificate of D's name (Evidence No. 5) stating the contents corresponding to the plaintiff's cause of the claim is merely written, and it is obligated to make a statement to the plaintiff, and the plaintiff has a duty to pay the money of this case to the defendant.

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