The costs of appeal are assessed against the Plaintiff.

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, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). The lower court acknowledged the facts and circumstances as indicated in its reasoning, and dismissed the Plaintiff’s claim for the instant loan on the ground that there is insufficient evidence to acknowledge that the Plaintiff lent the instant money to the Defendant.

In light of the above legal principles and records, the above determination by the court below is just, and contrary to what is alleged in the grounds of appeal, there were no errors of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or of misapprehending the legal principles on loans for consumption

Therefore, the appeal is dismissed, and the costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.