2. After an appeal is filed.

(1) On December 24, 2015, the Plaintiff remitted total of KRW 15 million to the Defendant, and KRW 30 million on December 28, 2015.

(2) On February 22, 2019, the Plaintiff sent 30 million won to the Defendant with content-certified mail (hereinafter “instant KRW 30 million”). (2) On February 22, 2019, the Plaintiff sent her content-certified mail to the Defendant that “the Plaintiff lent the instant KRW 30 million to the Defendant by February 28, 2019.”

[Ground of recognition] In the absence of dispute, Gap evidence Nos. 1 and 2, and the gist of the plaintiff's assertion as to the main claim of the entire pleadings, the plaintiff demanded the defendant to lend the amount of KRW 30 million to the defendant, and to repay the amount until February 28, 2019. Thus, the defendant is liable to pay the plaintiff the amount of KRW 30 million and delay damages.

Judgment

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 2013Da73179 Decided September 15, 2015, etc.). The evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff lent KRW 30 million to the Defendant. The Plaintiff’s primary claim is without merit, inasmuch as there is no other evidence to acknowledge it.

If the plaintiff's summary of the plaintiff's conjunctive claim did not lend KRW 30 million to the defendant, the defendant is paid KRW 30 million without any legal ground. Thus, the defendant is obligated to pay the plaintiff the amount of KRW 30 million with the return of unjust enrichment and delay damages.

Judgment

Article 741 of the Civil Act shall be effective to a person who without any legal ground derives a benefit from the property or services of another and thereby causes loss to the latter.