(영문) 서울남부지방법원 2020.08.28 2019나65489



The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.



1. As to the cause of claim

A. On March 25, 2015, the fact that the transfer of KRW 5 million from the account under the name of the Plaintiff (former Mutual Company C) to the account under the Defendant’s name (hereinafter “instant money transfer”) is either a dispute between the parties, or recognized by each entry in the evidence Nos. 1, 2, and 2.

B. As to the instant monetary transfer, the Plaintiff asserts that “a loan to the Defendant” is “a loan to the Defendant,” and the Defendant asserts that “the Defendant loaned KRW 20 million to the Plaintiff on or around March 17, 2015, or around March 23, 2015,” and therefore, she examined this.

1) Even if there is no dispute as to the fact that money was received between the parties, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff who asserts that the lending was made has the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). In the event that money was transferred to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, the party who asserts that the remittance was made by the loan for consumption bears the burden of proving that the said remittance was made under the loan for consumption. (ii) Based on such legal doctrine, it is difficult to recognize that

㈎ 갑 제2호증, 을 제4~6호증의 각 기재에 의하면, 이 사건 금전 이체에 앞서 피고 명의 계좌에서 원고 명의 계좌로 2015. 3. 17. 4,545,455원, 같은 달 18. 454,545원, 같은 달 23. 15,000,000원이 이체된 내역이 있고, 그 무렵 아래 표 기재와 같이 전자세금계산서가작성 일자 공급자 공급받는 자 품목 공급가액(원) 세액(원) 합계금(원) 2015. 3. 23. 원고 피고 광고대행 13,636,364 1,363,636 15,000,000 2015. 3. 25. 피고 원고 수수료 4,545,455 454,545 5,000,000 발행되었다.

㈏ 원고는 '위와 같이 2차례...