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.
1. Determination as to the cause of claim
A. On June 23, 2015, the Plaintiff asserted that the Plaintiff leased KRW 15,00,000 to the Defendant. As such, the Plaintiff primarily sought the return of the said loan.
Even if it is not recognized that a loan is not granted, the defendant received the above money from the plaintiff and obtained profits without any legal ground, and thus the defendant seeks a return of unjust enrichment equivalent to the above amount in preliminary.
Therefore, the defendant should pay to the plaintiff KRW 15,000,000 and damages for delay.
B. Determination 1) In cases of remitting money to another person’s deposit account, etc., the remittance may be made based on various legal causes (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there is no dispute between the parties as to the Plaintiff’s assertion that the money was received, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). Comprehensively taking account of the overall purport of the arguments in subparagraphs 1 and 2, the Plaintiff’s entire statement in the statement in subparagraphs 1 and 2, and the fact that the Plaintiff transferred money to the bank account in the name of the Defendant’s spouse, to 15,00,000,000 won. However, in light of the following circumstances, it is difficult to view that the Plaintiff’s testimony of the witness evidence as well-founded to the Plaintiff’s allegation and 15 evidence.