대여금
The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
1. On June 8, 2020, the Plaintiff asserted that the Plaintiff lent the above amount to the Defendant’s deposit account by means of remitting the amount of KRW 43 million to the Defendant’s deposit account upon the Defendant’s request.
2. Even though there is no dispute as to the fact that money has been received between the parties to the judgment, the reason that the plaintiff received money is the consumption lease, and the defendant is the burden of proving that it was received due to the consumption lease.
(Supreme Court Decision 72Da221 delivered on December 12, 1972). The fact that the Plaintiff remitted KRW 43 million to the Defendant’s deposit account on June 8, 2020 is not disputed between the parties, but it is insufficient to recognize that the Plaintiff lent KRW 43 million to the Defendant on June 8, 2020, and there is no other evidence to prove otherwise.
3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.