대여금반환
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. The Plaintiff asserted that the Plaintiff lent KRW 40,000,000 to the Defendant on January 27, 2016, KRW 5,000,000 on the same day, KRW 10,000,000 on January 28, 2016, KRW 40,000 on February 10, 2016, and KRW 40,000 on a total of KRW 40,000,00 on February 2, 2016, the Defendant is obligated to pay the Plaintiff the above KRW 40,00,000 and delayed damages thereon.
2. Determination lending and lending is established when one of the parties agrees to transfer ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural (see, e.g., Supreme Court Decision 201Da41263, Nov. 11, 2010; 201Da41270, Oct. 4, 2010; 2000, Oct. 16, 2007; 2010, Oct. 16, 2007; 2000, etc.). Thus, even if there is no dispute as to the Plaintiff’s assertion that money may be deposited between the parties, the Plaintiff may bear the burden of proof as to the Plaintiff’s claim against the Plaintiff. < Amended by Act No. 10373, Jul. 26, 2012>
However, there is not any evidence to acknowledge that the Plaintiff agreed to return each of the above money to the Defendant at the time of paying the above money to the Defendant, and there is no other evidence to acknowledge it.
Therefore, the plaintiff's assertion is without merit.
3. Thus, the plaintiff's claim of this case is without merit.