대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff’s claim made a loan of KRW 151,353,00 in total to the Defendant from February 22, 2016 to June 20, 2017. As such, the Defendant is obligated to refund the said loan and damages for delay to the Plaintiff.
2. Even if there is no dispute as to the fact that the party gave and received money between the parties to the sales market, the plaintiff's assertion that the party lent the money has the burden of proof as to the fact of the lending when the defendant contests
(see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). In light of the foregoing, there is no evidence to acknowledge that the Plaintiff remitted KRW 151,353,00 to the Defendant’s account under the name of the Defendant was a loan to the Defendant.
Rather, on the first day for pleading of this case, the Plaintiff voluntarily stated to the effect that “C (the word “D”) borrowed money and deposited money into the Defendant’s account in the name of the Defendant.” The instant complaint also stated to the effect that “the Defendant would receive money from the Plaintiff on the ground that the Defendant would deliver it to C.” In light of the foregoing, even according to the Plaintiff’s assertion, the other party to the loan agreement for consumption appears to be C even according to the Plaintiff’s assertion.
The plaintiff's claim is without merit.
3. The plaintiff's claim is dismissed.