1. The claim of this case is dismissed.

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

Basic Facts

The plaintiff and the defendant have known to each other for several years after the plaintiff's birth C.

On January 21, 2015, the Plaintiff transferred KRW 80 million from his Myp loan account to the Defendant’s D bank account.

The most part of the above money is the Plaintiff’s Mump loan.

On January 23, 2015, the Defendant deposited the money remitted from the Plaintiff to his/her securities account, and purchased the total amount of KRW 79,986,650 in KRW 17,550,00, G9,410, KRW 62,952,650, total of KRW 79,986,650.

On January 27, 2015, the Defendant sold all of the above shares to KRW 58,88,800 in total.

On February 11, 2015, the Plaintiff returned KRW 40 million to the HF account of the Plaintiff.

[Ground of recognition] The Plaintiff asserts that there is no dispute, Gap evidence 1, Eul evidence 1, and Eul evidence 3 are loans transferred on January 21, 2015.

In other words, the defendant who was in close-friendly relationship found the plaintiff on the day, used only this third party and lent money to him/her, and did not ask his/her place of use, and wired the above money to him/her without having determined interest.

As to this, the defendant asserts that it is not a loan, instead of the plaintiff, that it changed the investment of shares and transferred money.

In other words, the Plaintiff received money from the Plaintiff to make an investment in the so-called “I Substitute Ship Owner,” and invested in the I-related shares, but thereafter returned 40 million won out of 58,88,800 won, which remains after the Plaintiff’s request, and tried to recover losses by investing the remainder in another shares. However, the Plaintiff was ultimately failed and incurred full loss.

Judgment

What amount of money is a loan has the burden of proof for a person who asserts that it is a loan.

Plaintiff’s assertion

The direct evidence that conforms to the facts lies in the statements of Gap 4-1, 2, 3, and 4, the witness J and C respectively, but this is the testimony or fact confirmation of the person who is closely related to the plaintiff, which is credibility in light of the content and attitude of the testimony.