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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
A. The Defendant is the Plaintiff, who is the parent of the original Defendant, C and D, whose father C died on September 27, 2015.
B. From September 2, 2005 to May 24, 2008, the Plaintiff transferred a total of KRW 70,500,000 as listed in the following table to a bank account in the name of the Defendant or Jinjin Construction Co., Ltd. (hereinafter “Ginjin Construction”).
On September 10, 200,000 on September 2, 2005, Defendant 10,000 on June 1, 2007, 200 on or around June 1, 2007, 30,000 prior to mining construction on July 25, 2007, 40,000 prior to or around August 30, 2007, Defendant 50,00 on May 24, 2005, May 24, 2005, 70,50,500,000 prior to mining construction on May 24, 2008.
C. On June 1, 2007, the sale on June 1, 2007 with respect to No. 103 of the first floor of the 3rd floor aggregate building in the Nam-gu Seoul Special Metropolitan City (hereinafter “instant building”) which was owned by Jinyang-gu, Daejeon District Court No. 63895, Jun. 28, 2007, the registration of ownership transfer in the name of the defendant was completed on June 28, 2007.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and the purport of the entire pleadings are asserted by the plaintiff that the above KRW 70,500,000 was leased to the defendant, and the defendant sought a payment of the loan against the defendant. The defendant borrowed money from his father C, but the plaintiff who was managing Eul's property at the time transferred money to the defendant through his own account and did not borrow the above money from the plaintiff.
Judgment
The defendant, on September 2, 2005, 10,000 won, defense that the statute of limitations has expired even if the legal nature of the above money was the plaintiff's loan. Thus, as seen earlier, the plaintiff remitted 10,000,000 won to the defendant on September 2, 2005. The plaintiff filed the lawsuit of this case on December 20, 2016 is apparent in the record, and as alleged by the plaintiff, the above claim for the loan of 10,000,000 won was extended, barring any special circumstances.