Litigation costs shall be borne by the plaintiff.

The summary is that the Plaintiff, upon receiving a request from the Defendant for a monthly loan from the Defendant, lent KRW 40,000,000 as a total of KRW 10,000,000 on December 15, 2017, and KRW 10,000 on March 25, 2018, and KRW 20,000 on May 5, 2018, to the Plaintiff’s account by transferring KRW 40,000 from the Plaintiff’s account to the Defendant’s account. As such, the Defendant is obligated to refund to the Plaintiff KRW 40,00,000 as well as damages for delay calculated at the rate of 12% per annum from the day following the delivery of the copy of the complaint of this case to the day of full payment.

2. The fact that KRW 40,000,000 has been transferred from the Plaintiff’s account to the Defendant’s account, as alleged by the Plaintiff, is recognized by the statement under subparagraph 1 (Detailed Statement of Deposit Transactions).

As to this, the defendant asserts that the above money is not the defendant's loan but the plaintiff's transfer to C, and it is nothing more than the money returned to C by receiving the defendant's account.

In case of remitting money to another person's deposit account, the remittance can be made based on a variety of legal causes. Thus, even if there is no dispute between the parties to exchange money, when the plaintiff asserts that it is a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving that it is a loan under a loan for consumption.

(2) The Plaintiff submitted the deposit transaction statement (Evidence 1) and the deposit transaction statement (Evidence 2) deposited in KRW 300,000 each month from January 15, 2018 to May 16, 2018 under the name of the Defendant with evidentiary materials as to the fact that the said transfer amount was a loan in light of the aforementioned legal doctrine. However, the deposit transaction statement stated in the evidence No. 201 is irrelevant to the loan of this case, and the loan of this case.