대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The plaintiff alleged to be entitled to KRW 6,00,000,000, total of KRW 6,000,000 on June 25, 2008 and September 2, 2008, upon receiving the defendant's request that he/she lent money to the defendant that he/she operates clothes, the plaintiff is obligated to repay the above sum of KRW 6,00,000,000 to the plaintiff.
2. The Plaintiff’s assertion that the Plaintiff lent money between the parties to the judgment, even if there was no dispute as to the fact that the money was given and received, has the burden of proof as to the fact of the lending.
(See Supreme Court Decision 2014Da26187 Decided July 10, 2014 (see, e.g., Supreme Court Decisions 2014Da26187, Jun. 25, 2008; 1,000,000 won on June 25, 2008; 6,000,000 won on September 25, 2008) is recognized.
However, in full view of the following circumstances, i.e., (i) the Plaintiff paid KRW 6,00,000 to the Defendant to operate the clothes with the Defendant in a case where the Plaintiff filed a complaint against the Defendant on the charge of fraud; (ii) the Defendant received a disposition of non-prosecution on April 5, 201; (iii) the Defendant paid to the Plaintiff KRW 50,000 on October 1, 2008, and KRW 100,000 on December 11, 2008, which was paid to the Plaintiff, cannot be deemed as interest on the loan when considering the amount and time of payment, the evidence submitted by the Plaintiff alone is insufficient to acknowledge that the Plaintiff was a total of KRW 6,00,000,000 that was remitted to the Defendant, and there is no other evidence to acknowledge otherwise.
Therefore, the plaintiff's above assertion is without merit.
3. Conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit.
The judgment of the first instance court is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition.