대여금
1. The Defendant shall pay to the Plaintiff KRW 90,00,000 and the interest rate of KRW 12% per annum from November 12, 2019 to the date of full payment.
1. Determination as to the cause of claim
A. On the ground that the plaintiff alleged that he lent KRW 90 million to the defendant, the defendant asserted that he did not return it. The defendant asserted that he did not return it since the defendant representative director C donated the above money from the plaintiff.
B. Where a person transfers money to another person’s deposit account, etc., the remittance can be made based on various legal causes, such as loan for consumption, repayment, etc. Therefore, the fact that the remittance was made cannot be readily concluded as a loan, and the party asserting the loan bears the burden of proof against the Plaintiff.
On the other hand, it cannot be readily concluded that the recipient of the money is a donation immediately on the ground that the two persons exchange and receive the money are in a relationship with the other party or living together. Whether the cause is a loan or a donation must be determined by comprehensively taking into account the background leading up to the exchange of money, the source, amount, purpose of the money, the intention of return, etc. In order to establish a donation contract between the parties, the money should be ultimately reverted to the other party at the time of the delivery of the money, and it should be free of charge.
Comprehensively taking account of the overall purport of the arguments as to the instant case’s health account and evidence Nos. 1 through 5, the Plaintiff, upon the request of the Defendant’s representative director C, who had a relationship with the Plaintiff, remitted the amount of KRW 70 million,00,000,000 from D Association to the Defendant’s account under the name of the Defendant’s company as a business fund, and the Plaintiff continuously urged C to repay from March 2018, and even if C gave reply to the purport that repayment would be made, the Plaintiff did not repay the amount up to the present time. In other words, the Plaintiff’s remittance of KRW 90,000,000,000,000,000,000 won, which was remitted by the Plaintiff, was actually the Defendant.