대여금
1. The part against Plaintiff A in the judgment of the first instance is revoked.
2. The plaintiff A's claim is dismissed.
3. The defendant's plaintiff.
1. Determination as to Plaintiff A’s claim
A. The Plaintiff’s assertion 1) Plaintiff A lent KRW 127,651,00,00 to the Defendant, who was the Defendant’s spouse, from November 29, 2012 to November 21, 2014, prior to marriage with the Defendant, and from February 17, 2015 to January 18, 2016, the sum of KRW 34,360,000, from February 17, 2015 to January 18, 2016, to the Defendant. Accordingly, the Defendant is obligated to pay the Plaintiff the said loan and its delay damages. (2) The Defendant’s assertion that the said amount of Plaintiff A’s assertion was returned to the Plaintiff under the Defendant’s business needs, not the amount borrowed by the Defendant, but even if the Defendant had already borrowed the money from the Plaintiff, the Defendant already repaid the money.
B. Determination 1) Where money is transferred to another person’s deposit account, the remittance may be made based on various causes, such as loan for consumption, donation, repayment, simple delivery, etc. Therefore, even if there is no dispute as to the existence of the amount of money between the parties, the Plaintiff asserts that the cause of the receipt of money is a loan for consumption, while the Defendant asserts that it was a loan for consumption, if it is contested, the Plaintiff bears the burden of proving that it was received due to the loan for consumption (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). 2) The Plaintiff was the spouse of the Defendant, and the Plaintiff transferred the total amount of KRW 127,651,00 to the Defendant from November 29, 2012 to January 18, 2016, there is no dispute between the parties.
However, in full view of the following circumstances that can be acknowledged by comprehensively taking account of the descriptions of No. 14-1, No. 2, and No. 15 of the evidence No. 14-1, and the entire purport of the pleadings as a result of the order to submit financial transaction information to Busan Bank and the Korean National Bank, the Plaintiff transferred money to the Defendant by the Plaintiff A.