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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The Plaintiff asserted that the Plaintiff lent KRW 23,700,000 to the Defendant on November 29, 2013, and KRW 10,350,000 on December 9, 2013, and KRW 23,70,000 on December 9, 2013, and the Defendant failed to pay the amount.
2. According to the reasoning of the judgment, Gap evidence No. 1, it is recognized that the plaintiff remitted each of the above money to the defendant's account as alleged by the plaintiff.
However, in light of the following circumstances, the above evidence and evidence Nos. 1 through 11, which can be known by adding the whole purport of the pleadings, it is insufficient to recognize that each of the above money is a loan to the defendant by the above remittance alone, and there is no other evidence to acknowledge it. Thus, the plaintiff's assertion is without merit.
(1) In cases of remitting money to another person’s deposit account, the remittance can be made based on various legal causes, such as loan for consumption, repayment, etc. Therefore, the fact that the money was remitted cannot be readily concluded as a loan, and the Plaintiff bears the burden of proving that the money was lent.
② However, there was no document, such as a loan certificate or cash storage certificate, which can prove that the nature of each of the above money is a loan, and the Plaintiff did not properly respond to the agreement, such as interest and maturity, which are ordinarily incidental to the loan for consumption.
③ Examining the developments leading up to the transfer of each of the above amounts, the Plaintiff transferred KRW 20,350,000 to the Defendant immediately after receiving KRW 20,350,000 from C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) on November 29, 2013. On December 9, 2013, the Plaintiff transferred KRW 20,350,000 to the Defendant. On December 9, 2013, the Plaintiff transferred KRW 10,350,000 out of the money to the Defendant after receiving KRW 20,350,000 from Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), which is, the Defendant’s assertion on the developments leading up to the transfer of each of the above amounts, including value-added tax of KRW 40,70,00,00 from Nonparty Co.