대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Plaintiff lent the loan to the Defendant by means of remitting the total amount of KRW 100 million over two occasions on September 15, 2010 and October 8, 2010, the Defendant asserts that the said money is the money that the Plaintiff acquired by transfer and invested by the Plaintiff is the money that the Plaintiff acquired by transfer 40,000 shares of the Kadela.
A loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in kind, quality and quantity (Article 598 of the Civil Act). As such, there must be an agreement between the parties as to the above point.
(See Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). Not only does there exist a disposal document, such as a monetary loan contract or a loan certificate, but also there is no interest and time limit for repayment.
There is no evidence to regard the money remitted by the Plaintiff as the loan, such as the fact of demanding repayment or demand for repayment, and the Plaintiff’s claim is without merit.
Therefore, the plaintiff's claim is dismissed.