대여금
1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. The judgment on the cause of the claim is without dispute between the parties, or acknowledged by the purport of the entry in the evidence No. 1 and the entire pleadings, as follows: (a) the Plaintiff was living together with C from September 2010 to October 2013; (b) the Plaintiff’s death penalty father; (c) Jan. 7, 2011, where the Defendant and C were living together with the Defendant; and (d) the original pay of KRW 20 million was transferred to the Korea Bank D account in the name of the Defendant (hereinafter “instant remittance”).
In a case where a remittance is made to transfer money to another person’s deposit account, such remittance may be made based on a variety of legal causes. Therefore, it cannot be readily concluded that there was the intention of the parties to a loan for consumption between the parties solely on the fact that there was remittance, and even if there is no dispute as to the fact that the money has been received between the parties, the plaintiff who asserts that it was received as a loan for consumption has the burden of proving that the money was received as
(see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). In light of the following circumstances acknowledged through records, it is insufficient to view that each of the evidence Nos. 1 and No. 2 submitted by the Plaintiff existed between the Plaintiff and the Defendant, and there is no other evidence to prove otherwise.
The plaintiff's claim cannot be accepted.
① The Plaintiff appeared at the first day for pleading in the trial of the first instance, and stated that C, a wife of the Plaintiff, borrowed money from the Plaintiff’s wife, deposited money into the Defendant’s account at C’s request. At the time of the transfer of this case, C did not make or did not call with the Defendant, and C borrowed money in order to singing.
In other words, the plaintiff himself knows that C was aware that at the time of the transfer of this case, C borrowed money.
② The Plaintiff shall pay the instant remittance to the Defendant from January 12, 2016, when five years have elapsed since the date of the instant remittance.