대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The plaintiff asserts that on September 21, 2007, the defendants lent 20 million won each to the defendants.
As to this, the Defendants asserted that, on February 2007, the Plaintiff received 62.5 million won from the Defendants and agreed to sell the pertinent building to the Defendants, the Plaintiff returned 20 million won out of 62.5 million won from each of the above sales price to the Defendants, and that the Plaintiff did not borrow each of the above money from the Plaintiff.
The fact that the Plaintiff remitted 20 million won to the Defendants on September 21, 2007 is not disputed between the parties, or can be recognized by the statement of evidence A1.
In case of remitting money to another person's deposit account, etc., the remittance may be made based on a variety of legal causes. Therefore, the party asserting the remittance has the burden of proving that the remittance is a loan under a monetary loan contract with the person who has received it.
(see, e.g., Supreme Court Decisions 2014Da26187, Jul. 10, 2014; 2017Da37324, Jan. 24, 2018). However, there is no evidence to acknowledge that each of the said money remitted to the Defendants was a loan, and thus, the Plaintiff’s claim against the Defendants against the Defendants is groundless.
Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.