대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The gist of the Plaintiff’s assertion was that the Plaintiff lent to the Defendant the sum of KRW 37 million around May 2017 and around December 12, 201 at the Defendant’s request.
Therefore, the defendant should pay to the plaintiff the above 37 million won and damages for delay.
2. Determination
A. The Plaintiff’s assertion that the Defendant lent money to the parties even if there was no dispute as to the fact that the money was given and received between the parties, has the burden of proof as to the fact of lending to the Plaintiff.
(Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.
The fact that the Plaintiff remitted to the account under the name of the Defendant KRW 27 million on May 30, 2017, and KRW 10 million on December 25, 2017 is no dispute between the parties.
However, in light of the following circumstances: (a) the Plaintiff and the Defendant did not have a loan certificate as to the loan the Plaintiff claimed; (b) there was no fact that the Defendant paid interest to the Plaintiff; and (c) according to the written evidence Nos. 2, 3, and 5, the Plaintiff and the Defendant appears to have been in the interest relationship at least from January 2017 to December 2017; and (d) there was living together from around December 2017 to the Defendant, and (e) the Plaintiff remitted money to the Defendant over several times in addition to the money claimed as the loan through the instant lawsuit, it is insufficient to recognize that the Plaintiff paid the Defendant KRW 37 million, which was remitted to the Defendant, as a loan, and there is no other evidence to prove otherwise.
3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.