대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
The Plaintiff sought the return of KRW 30 million to the Defendant on October 25, 2016 on the premise that it is a loan.
The fact that the plaintiff remitted 30 million won to the defendant on the above date does not dispute between the parties, but the defendant disputes that the above money is an investment in the same business, so in such a case, the burden of proving that the above money is a loan is the plaintiff.
In this case, when considering the contents of No. 3 (Pledge) and the defendant sent such written pledge to the plaintiff as text messages, and considering the contents of text messages (Evidence No. 4) between the plaintiff and the defendant before and after that, the evidence submitted by the plaintiff alone is insufficient to acknowledge the fact that the above KRW 30 million, which the plaintiff remitted to the defendant, is a loan, and there is no other sufficient evidence to acknowledge it.
Therefore, the plaintiff's claim is rejected.
The judgment of the court of first instance with the same conclusion is justifiable, and the plaintiff's appeal is dismissed.