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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 C’s friendship, and C was a married couple of the Defendant, and C died on May 2013 when the Defendant had been living together after the legal divorce for about 15 years prior to the Defendant’s death.
B. On November 5, 2012, the Plaintiff transferred KRW 100 million to the Busan Bank account under the Defendant’s name.
C. On the other hand, on February 8, 2014, the Defendant borrowed KRW 50 million from the Plaintiff on October 201, 201, and KRW 100 million on November 5, 2012. The Defendant decided to pay KRW 50 million up to February 24, 2014, and KRW 100 million up to April 30, 2014. The Plaintiff prepared and delivered a provisional attachment executed on the Plaintiff’s Busan Shipping Daegu Do Apartment 110 Dong 4404 (hereinafter “instant apartment”), which was owned by the Defendant, prior to February 24, 2014, to cancel the provisional attachment executed on the Plaintiff’s Nam-gu E and its ground, Busan, Busan, with the intention to cancel the provisional attachment simultaneously with the authentication.
[Reasons for Recognition] Unsatisfy, Gap evidence 2, 4, Eul evidence 3, the whole argument of the parties
A. On October 20, 201, the Plaintiff paid 1% interest to the Defendant on October 20, 201, and leased KRW 50 million to the Defendant upon making a prior notification prior to two months prior to the date of repayment. On November 5, 2012, the Plaintiff additionally transferred KRW 100 million to the Defendant’s Busan Bank account under the same conditions as the same, thereby lending KRW 150 million to the Plaintiff. As such, the Defendant ought to pay the said loan to the Plaintiff.
B. The Defendant did not borrow KRW 50 million from the Plaintiff on October 20, 201, and the KRW 100 million transferred to the account held in the name of the Defendant on November 5, 2012 to the account held in the Defendant’s name was divorced under the law with the Defendant, and thereafter, C who died around May 2013 using the Defendant’s passbook and borrowed money from the Plaintiff, the Defendant is not obligated to repay the said money to the Plaintiff.
3. The facts of the monetary loan contract in the lawsuit claiming the return of the loan on the basis of the judgment.