beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On March 2015, the Plaintiff asserted that the Plaintiff lent the above money to the Defendant by means of remitting KRW 40,000,000 to the Defendant’s account that is the Defendant’s partner at the Defendant’s request. The Defendant asserted that the lender of the above loan is not himself but C.
2. The Plaintiff’s transfer of KRW 40,000,00 to the account of March 7, 2015 is without dispute between the parties.
However, as to whether the Defendant, other than C, is the lender of the above money, there is no dispute between the parties, but in light of the following facts and circumstances acknowledged by the overall purport of the pleadings, the fact that the Defendant remitted KRW 1,200,000 to the Plaintiff’s Dong-based account on April 9, 2015 as interest on the loan of this case. However, it is insufficient to recognize that the Defendant, other than C, is the lender of the above amount of KRW 40,00,00,00 only on the grounds that the above remittance of interest and the entries of the evidence Nos. 4 through 12, and 15 (including the serial number) are not C, and there is no evidence to prove otherwise.
First, before filing the instant lawsuit, the Plaintiff filed a complaint with the purport that C acquired the above KRW 40,00,000,000, and C was indicted under the same charge as the facts charged and sentenced on January 19, 2016 by Sungwon District Court 2015Kadan1523.
In the above case, C argued to the effect that the above KRW 40,00,000 was borrowed from the Defendant, or that it was not borrowed from the Plaintiff, but the Defendant was found guilty at the end of the examination of evidence, such as the examination of witness, and became final and conclusive.
In the above case, the Plaintiff applied for a compensation order of KRW 40,000,000 against C.
Second, the Plaintiff filed a lawsuit against C, separate from the above criminal case, to the effect that C acquired the above KRW 40,000 from the Plaintiff, and that C acquired the above KRW 40,000,00 from the Seoul Eastern District Court 2015da20873.