대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that the Defendant is liable to pay the Plaintiff the above KRW 63.9 million and its delay damages, as the Plaintiff lent the sum of KRW 63.9 million to the Defendant from February 20, 2011 to April 16, 2014.
Even if there is no dispute between the parties as to the fact that money has been received, if the defendant contests against the plaintiff's assertion that the lending was made, the party bears the burden of proving that the lending was made.
(See Supreme Court Decision 72Da221 Decided December 12, 1972, and Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). In the instant case, even if the Plaintiff paid the money as alleged by the Plaintiff to the Defendant, considering the overall purport of the entries and arguments in subparagraphs B and B, the Plaintiff and the Defendant were in de facto marital relationship from around July 5, 2011, and the Plaintiff divorced on August 8, 2017 after filing a marriage report with the Defendant on July 5, 2013. According to the above facts of recognition, it is probable to deem that the money received between the Plaintiff and the Defendant was paid as living expenses in a marital relationship, etc., and there is no other evidence to support that the Plaintiff paid the money to the Defendant. Thus, the Plaintiff’s above assertion is without merit.
Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.