1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff and the Defendant are both the electrical engineering and the motive creation of C University, and D are the friendly life of the Defendant.

The plaintiff was introduced D from the defendant's graduation and was known to each other.

B. The Plaintiff’s deposit account transferred the amount of KRW 30 million on August 20, 2008 to the Defendant’s deposit account, and KRW 20 million on September 22, 2008 to the Defendant’s account transfer (hereinafter “the instant account transfer money”).

C. D transferred KRW 10 million to the Plaintiff’s deposit account on February 27, 2009.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1 and 3, the purport of the whole pleadings

2. The assertion;

A. The Plaintiff lent the account transfer of this case to the Defendant and received only KRW 10 million from the Defendant’s friendship D, and the Defendant is obligated to pay the Plaintiff a loan of KRW 40 million and delay damages.

B. The Defendant borrowed money from the Plaintiff, not from the Plaintiff, but from the Plaintiff, and the Plaintiff merely delivered it to D.

3. The act of remitting money to another person’s deposit account by means of a decision transfer, etc. may be conducted pursuant to various causes, such as a loan for consumption, an investment, a donation, and a repayment. Therefore, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such remittance was made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The Plaintiff bears the burden of proof as to such lending.

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). The following circumstances acknowledged by the evidence mentioned above, the evidence mentioned in the evidence stated in the evidence Nos. 4 and 7, namely, the Plaintiff, who is an employee of D or E, have remitted not only interest on the account transfer money of this case but also interest on the account transfer over ten occasions from September 19, 2008 to September 24, 2009, and KRW 10 million out of the principal amount, and interest transferred under the Defendant’s name.