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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the statement in Gap evidence No. 1, it is recognized that the plaintiff deposited a total of KRW 100 million with the defendant's name account on September 16, 2008 and November 18, 2008, respectively. The plaintiff claims that the plaintiff loaned the above KRW 100 million to the defendant in relation to the plaintiff's business.
However, when considering the respective statements in Gap evidence 3 and Eul evidence 1 and 2 (including each number), it is reasonable to view that the plaintiff loaned the above KRW 100 million to C, and that the defendant was merely a person who received the above KRW 100 million to the account in his/her own name upon request from Eul and delivered the above KRW 100 million to C.
Therefore, the Plaintiff’s assertion is not acceptable on the sole basis of the foregoing deposited facts and the statement of No. 100 million won as seen earlier, as there is no other evidence to acknowledge the fact that the Plaintiff lent 100 million won to the Plaintiff
2. It is so decided as per Disposition by the assent of all participating Justices on the bench.