beta
(영문) 인천지방법원 2020.06.23 2019나62775

대여금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Determination on the cause of the claim

A. The plaintiff alleged that the plaintiff lent KRW 70 million to the defendant, while the defendant claimed that the plaintiff invested KRW 70 million through the defendant, and the defendant only transferred the above money to C at the plaintiff's request, and the defendant did not borrow the money from the plaintiff.

B. Even if there is no dispute between the parties to the judgment as to the fact that the money was received, if the defendant contestss against the plaintiff's assertion that the lending was made, the party bears the burden of proving that the lending was made.

(2) According to the reasoning of the lower judgment, the lower court determined that: (a) the Plaintiff’s transfer of KRW 30 million to the Defendant’s account on January 27, 2016; (b) KRW 30 million on February 16, 2016; and (c) KRW 10 million on August 3, 2016, to the Defendant; (d) there is no dispute between the parties; (e) on the other hand, the Plaintiff’s transfer of KRW 4,7, and 9 to the Defendant of KRW 20 years on the following grounds: (a) the Plaintiff did not prepare a loan certificate while lending the above higher amount of money to the Defendant; and (e) the Plaintiff’s transfer of KRW 30 million to the Defendant of KRW 40,000,00,000,000 from the Defendant’s account; and (e) the Plaintiff’s additional transfer of money to the Defendant for 200,000,000,000 won for 20,00.