Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
Parties C and D are married couple with the Plaintiff, Defendant, and E, and F are the spouse of the Plaintiff, and G are the spouse of the Defendant.
D died on October 13, 2009, and C died on September 27, 2013.
(1) The Plaintiff is the Nonghyup Bank Co., Ltd. (hereinafter “CF”) on December 28, 2001.
) A loan of KRW 49,500,000 from the Plaintiff deposited into the Agricultural Cooperative Deposit Account (H). On December 29, 2001, the Defendant remitted KRW 50,000,000 to the Defendant from the said Account. 2) The Defendant remitted the amount of KRW 280,000 to the Plaintiff’s Agricultural Cooperative Deposit Account (I) monthly from the spouse G’s 310,000 to the Defendant’s 310,000, and the Plaintiff paid interest on the loan to the Agricultural Cooperative.
3) On December 17, 2004, the Defendant remitted KRW 4,50,000,00 to the Plaintiff’s agricultural bank account. Each of the above amounts was appropriated for the principal of the loan, and the principal of the loan remains more than KRW 40,00,000,000,000. 4) After which, the Defendant, up to July 201, remitted the amount equivalent to the interest on the monthly loan from G agricultural bank account or the Defendant’s foreign exchange bank account to the Plaintiff’s agricultural bank account, and the Plaintiff repaid the remaining principal of the loan to the agricultural bank on August 25, 2011.
[Grounds for recognition] Facts without dispute, Gap 1, 2, 3, 16, 17, 21 evidence, Eul 2, 3, and 4 evidence (including a serial number; hereinafter the same shall apply), and the plaintiff asserted the purport of the whole pleadings and the purport of the whole pleadings lent KRW 50,000 to the defendant on December 29, 2001. Since the defendant paid only KRW 10,000,000 among them, the defendant is obligated to pay the remaining loans and delay damages to the plaintiff.
Defendant 50,000,000, remitted to the Defendant on December 29, 2001 (hereinafter “instant loan”) is the money borrowed from her mother D, and not the money borrowed from the Plaintiff.
D. The plaintiff.