Litigation costs shall be borne by the plaintiff.

A. On February 22, 2016, the Plaintiff transferred KRW 50,000,000 (hereinafter “the instant money”) to the Defendant’s account, and indicated the Plaintiff’s account as “red loaning”.

B. On the same day, the Defendant remitted the instant money from the Defendant’s account to C’s account, and KRW 50,000,000 to the Defendant’s deposit.

C. On February 22, 2016, the Defendant prepared a monetary lending contract between the Defendant, the borrower C, the borrower C, the loan amount of KRW 130,000,000, and the due date of payment on March 30, 2016, and entered into an authentic deed of a monetary lending loan contract with the same content at the request of the Defendant and C.

[Ground of recognition] Facts without dispute, Gap evidence 2, 8, 9, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff borrowed KRW 50,000,000 from the Defendant, upon receiving a request from the Defendant to repay the principal and interest after one month, and leased the instant money to the Defendant on March 30, 2016 by the due date.

(4) As to the interest agreement, the Plaintiff asserted that there was no explicit interest agreement at the time of the filing of the instant lawsuit, but at the time of his questioning, the Plaintiff stated that the Defendant agreed to receive interest of KRW 10,000,000 from the Defendant. Therefore, the Defendant is liable to pay the Plaintiff a loan of KRW 50,000,000 and interest and delay damages from the date following the lease date.

B. The Defendant’s assertion is not the Plaintiff’s loan to the Defendant, but the Plaintiff’s investment in C.

The Plaintiff and the Defendant decided to invest KRW 50,000,000 to C respectively, and the Defendant only received transfer of the instant money, which is the Plaintiff’s investment, for convenience, to C.

3. The plaintiff's assertion that he lent money between the parties to the judgment even if there is no dispute as to the fact that he provided money between the parties to the judgment, the defendant bears the burden of proof as to the fact of lending.

Supreme Court Decision 201No. 101 Decided July 10, 2014