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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. On May 8, 2015, the Plaintiff transferred KRW 100,000,00 from the deposit account in the name of the Plaintiff to the network C’s national bank account.
B. The deceased C (hereinafter “the deceased”) died on November 22, 2015, and the Defendant inherited the deceased’s property as his father.
C. From the year 2014 to the death, the Deceased lived with D during a considerable period of time.
[Based on the premise that there is no dispute, Gap evidence Nos. 1, Eul evidence Nos. 2, 3, and 4 (including serial numbers; hereinafter the same shall apply) and the purport of the whole pleadings, the plaintiff alleged that KRW 100,000,00 which was remitted to the deceased's national bank account of the deceased was the amount lent to the deceased by the plaintiff, so it is not sufficient to recognize that the plaintiff was the amount lent to the deceased's account by the testimony of witness D alone, and there is no other evidence.
Rather, in light of the following facts and circumstances revealed in light of the aforementioned evidence evidence evidence Nos. 1, 5, 6, 8, 9, 11, 12, and 17, and the overall purport of the pleading in witness E’s testimony, it is highly probable that the above KRW 100,000,000, as alleged by the Defendant, was lent to D by the Plaintiff using the bank account of the deceased living together with D.
① The Plaintiff is the head of D, and D and the Deceased were living together for a certain period, but they were not married regularly.
② The Plaintiff did not prepare a loan certificate by lending the deceased a larger amount of KRW 100,000,000.
(3) D has no account with a financial institution in its name as a bad credit holder.
④ The Defendant asserts that D used the IBK Enterprise Bank account, post office account, In-source Credit Union account, Han Bank account, and National Bank account in the name of the Deceased, and that D used the IBK Bank account and post office account in this court.