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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 following facts may be found either as a dispute between the parties or as a whole as to the entries in Gap evidence Nos. 1, 2, and 1.
From the Plaintiff’s account to the Defendant’s account, a total of KRW 13 billion was remitted as follows:
A KRW 20 million on November 6, 2015; KRW 15 million on November 9, 2015; KRW 6 million on November 12, 2015; KRW 20 million on November 17, 2015; KRW 20 million on November 19, 2015; KRW 7 million on November 23, 2015; KRW 8 million on December 1, 2015; and KRW 25 million on December 5, 2015;
B. From the Defendant’s account to the Plaintiff’s account, a total of KRW 33.85 million was deposited as follows.
A KRW 3 million on November 12, 2015, KRW 4 million on November 16, 2015, KRW 17,000,000 on November 17, 2015, KRW 2600,000 on November 19, 2015, KRW 3.5 million on November 23, 2015, KRW 8.5 million on December 28, 2015, KRW 250,00 on December 25, 2015, and KRW 1 million on December 14, 2015.
C. C is the defendant's children. D.
C made repayment of KRW 42 million on November 26, 2015 until December 4, 2015, and made up a loan certificate to D that the vehicle and the mother will provide real estate as security at the time of default.
2. The assertion and judgment
A. The Plaintiff asserted that, while the Plaintiff used the Defendant’s son together with the Defendant, he/she requested the transfer of the Defendant’s real estate to the Defendant’s passbook, and, at the time of non-payment, he/she lent a total of KRW 13 million to the Defendant by requesting the Defendant to offer the Defendant’s real estate as security, and that he/she was paid a total of KRW 33,850,000,000 among them, he/she sought payment of the remainder of the loan to the Defendant.
As to this, the defendant asserts that the defendant did not borrow from the plaintiff, and that the defendant C, who is the defendant, has lent the defendant's passbook to the plaintiff and transacted with the plaintiff using the defendant's account. Thus, the plaintiff's claim cannot be accepted.
B. We examine the judgment, and there is no evidence to prove that the Plaintiff lent to the Defendant, and rather, C prepared a loan certificate, as seen earlier, the Plaintiff.