2. The costs of lawsuit shall be borne by the Plaintiff.

A. On July 6, 2007, the Plaintiff lent KRW 15,000,000 to the Defendant on August 23, 2007, and KRW 50,000,000 in total, and KRW 12,000,000,000 from the Defendant were paid out of KRW 12,00,00,00, and thus, the Defendant should pay the Plaintiff the amount of KRW 38,00,000 and the damages for delay.

B. The Defendant received 50,000,000 won from the Plaintiff to his own bank account (Account Number: D) but the Defendant had worked in a private horse race track in the past E operation. At the time, the Defendant lent the said one bank account to E at the request of E, and the said money was not a loan, but a loan, which was remitted to the Plaintiff for the Plaintiff’s horse.

2. In order to make a claim for the return of the loan, the burden of proof must be demonstrated: (i) the conclusion of the loan for consumption, (ii) the delivery of the subject amount, and (iii) the due date has come.

In addition, even if the other party fails to submit evidence despite the other party's assertion that it is funds for other purposes other than the loan, or the evidence submitted is inconsistent, it is merely a denial of the loan's assertion, and thus, it cannot be deemed that it is a loan, and it is still difficult to prove that the party who asserts the loan has still lent the money.

According to Gap evidence 1 and Eul evidence 1, ① the plaintiff remitted 15,00,000 won from his national bank account (Account Number: F) to the above one bank account on July 6, 2007, and 35,000,000 won on August 23, 2007, to the 30,000 won on August 19, 2007, ② the above one bank account transfers 60,000 won on August 19, 2007, and 2,00,000,000 won on August 26, 2007, to the above one bank account, 200,000 won on September 9, 200, 200, 200,000 won on September 30, 2007, 2007; and