대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning for the court’s explanation of the instant case is as follows, except for the addition of the following judgments as to the matters alleged by the Plaintiff, and thus, it is acceptable to accept it according to the main sentence of Article 420 of the Civil Procedure Act.
◎ 원고가 주장하는 사항에 관한 판단 원고는, 피고가 이 사건 금전수수의 원인이라고 주장하는 원인들(리베이트 명목 또는 이 사건 재단이 차용한 것)이 사실에 부합하지 않는다면 원고가 금전수수의 원인이라고 주장하는 대여관계가 인정되어야 한다는 취지로 주장한다.
Even if there is no dispute as to the fact that money is available between the parties, the reason that the plaintiff received the money is a loan for consumption, and the defendant has the burden to prove that the money is due to a loan for consumption if it is asserted that the receipt of money is due to the loan for consumption.
Therefore, even if the defendant's assertion is not a ground for giving and receiving money, it cannot be said that the plaintiff's assertion has been proved as a matter of course on the ground that it is not acknowledged that the plaintiff lent money to the defendant.
In this case, considering all the evidence presented by the plaintiff, it is insufficient to recognize that the plaintiff lent money to the defendant, and there is no other evidence to acknowledge it.
2. In conclusion, the plaintiff's claim of this case shall be dismissed as it is without merit. The judgment of the court of first instance is just in conclusion, and it is so decided as per Disposition by dismissing the plaintiff's appeal.