대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's summary of the plaintiff's assertion lent to the defendant the sum of KRW 64,700,000 on November 4, 2008, KRW 10,000 on November 28, 2008, KRW 10,000 on November 28, 2008, and KRW 300 on December 16, 2008.
Therefore, the defendant is liable to pay the above loans and damages for delay.
2. Determination
A. The Plaintiff’s assertion that the Defendant lent money to the parties even if there was no dispute as to the fact that the money was given and received between the parties, has the burden of proof as to the fact of lending to the Plaintiff.
(See Supreme Court Decision 2017Da37324 Decided January 24, 2018). B.
In light of the above legal principles, the fact that the plaintiff remitted to the defendant's bank account the sum of KRW 64,700,000 on November 4, 2008, KRW 10,000 on November 28, 2008, and KRW 64,700,000 on December 16, 2008 is not a dispute between the parties, but the evidence submitted by the plaintiff alone is insufficient to acknowledge that the plaintiff lent the above amount to the defendant, and there is no other evidence to prove otherwise.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.