대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff remitted KRW 150 million to the Defendant’s account on March 20, 2013 is no dispute between the parties.
2. The parties' assertion
A. Since the Plaintiff lent the above money to the Defendant, the Defendant is obligated to pay the Plaintiff the remainder of KRW 100 million after deducting the amount of KRW 50 million already paid from the above loan amount of KRW 150 million and the damages for delay.
B. The defendant did not borrow the above money from the plaintiff, but received the contract deposit and advance payment in order to allow the plaintiff to sell the defendant's products with exclusive rights in the Seoul Metropolitan area.
3. A loan for consumption becomes effective when one of the parties agrees to transfer the ownership of money or any other substitute to the other party, and the latter agrees to return it in such kind, quality and quantity as such;
Therefore, in order to recognize the Plaintiff’s right to claim a loan against the Defendant, there must be an agreement with the Defendant to return the money that the Defendant received to the Plaintiff, and the Plaintiff bears the burden of asserting and proving that there was
The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant agreed to return the money to the Plaintiff in the future and borrowed the money from the Plaintiff, and there is no other evidence to acknowledge it.
The plaintiff's above assertion is without merit.
4. The plaintiff's claim for conclusion is dismissed as without merit.