대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The fact that the Plaintiff, on January 15, 2010, remitted the sum of KRW 24 million to the bank account in the name of the Defendant, and KRW 6 million to the bank account in the name of C foreign workers employed by the Defendant, and that the Defendant paid KRW 30 million to the Defendant is not a dispute between the parties.
2. The Plaintiff asserts that the cause of the instant claim was the cause of the claim, and that the Plaintiff lent KRW 30 million to the Defendant on January 15, 2010, and sought payment of the above KRW 30 million and interest or delay damages thereon from the Defendant.
As to this, the defendant asserts that the above KRW 30 million was paid as the construction cost and that it was not the money borrowed from the plaintiff.
On the other hand, in the event of money transaction between the parties, the burden of proof as to whether it was based on the monetary loan contract exists to the borrower. As above, it is not sufficient to recognize the fact that the said money was a loan to the defendant only with the fact that the amount was paid in KRW 30 million and the statement in the evidence Nos. 1 through 5 as above, and there is no evidence to prove that the plaintiff lent KRW 30 million to the defendant.
3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.