대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion that the plaintiff lent to the defendant 150,000,000 won on May 3, 201, and the total of KRW 200,000,000 on May 6, 2011, and KRW 89,029,645 on the interest and the due date. Since the defendant repaid KRW 110,970,335 on its repayment, the defendant is obligated to pay the remainder of the loans and the delayed payment damages.
2. Determination
A. Where the plaintiff's assertion that the money received between the plaintiff and the defendant is a loan is disputed by the defendant, the plaintiff is responsible to prove that the money was paid for the reason of the loan.
B. According to the evidence Nos. 1-1, 2, and 2-1 of the evidence Nos. 1-2, the Plaintiff transferred via C to the Defendant’s account on May 3, 201, KRW 150,000,000, and KRW 200,000,000 on May 6, 2011; and the Defendant transferred KRW 89,029,645 to the Plaintiff’s account on September 26, 2012.
However, the above facts and the evidence presented by the plaintiff alone are insufficient to recognize that the plaintiff remitted the above money to the defendant's account due to the reasons for the lending, and there is no other evidence to acknowledge this.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.