beta
Text
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The fact that the Plaintiff, who had no dispute, transferred the money of KRW 10 million (hereinafter “the money of this case”) to the Defendant, who had a relationship with the Plaintiff at the time of February 7, 2017, is not a dispute between the parties.
2. The assertion and judgment
A. The plaintiff asserts that he lent the instant money to the defendant, while the defendant asserted that he received the instant money from the plaintiff.
B. Determination 1) In a lawsuit claiming a return of loan, the Plaintiff asserts the effect of the burden of proving the contractual fact of a loan for consumption. On the other hand, where there is any difference between the parties on the interpretation of a legal act and the interpretation of the intent of the parties becomes an issue, the Plaintiff shall reasonably interpret the relevant legal act in accordance with logical and empirical rules by comprehensively taking into account the contents of the legal act, the motive and background leading up to the juristic act, the purpose to be achieved by the juristic act, the parties’ genuine intent (see, e.g., Supreme Court Decision 2016Da25699, Jan. 17, 2019). 2) In full view of the following facts and circumstances, the Plaintiff shall not be deemed to have donated the money of this case to the Defendant, but shall be presumed to have lent the money of this case without the due date and interest payment (see, e.g., Supreme Court Decision 2016Da25699, Jan. 17, 2017).
(B) A new purchase and transfer of the instant money to the Defendant around the time of the above lending director. The Defendant used part of the remitted money as a director’s expense, real estate intermediary fee, etc., and consumed the remainder as one’s own living expense, etc.) while the Plaintiff and the Defendant associated with the Defendant, it does not appear that there was any circumstance that the Defendant engaged in financial transactions other than the instant money, and it is essential for the Defendant to purchase the instant lending to the Plaintiff or to enter into a marriage.