1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff is a juristic person running an entertainment drinking club with the trade name “E” in Gangnam-gu Seoul Metropolitan Government D, and Defendant B is a person employed by the Plaintiff for the purpose of promoting the sales of entertainment drinking club through customer management and recruitment in the said entertainment drinking club, and Defendant C is the mother of Defendant B.

B. On April 21, 2017, the Plaintiff paid KRW 10,000,000 to Defendant B in cash, and on April 24, 2017, paid KRW 29,010,000 (= KRW 9,670,000) to Defendant C’s bank account, which is the mother of Defendant B (= KRW 19,340,000).

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim against Defendant B

A. The parties’ assertion asserts that the Plaintiff loaned KRW 39,010,000,000 to the Defendant on April 21, 2017, on condition that Defendant B (hereinafter “Defendant”) was paid with incentives for raising a certain sales at the time of raising the sales, without setting an interest rate and due date.

In this regard, the defendant asserts that the above money is not borrowed, but the plaintiff's fee, salary, and fee for entertainment tavern business for himself.

B. As to whether a monetary loan for consumption was established as alleged by the Plaintiff, the burden of proof as to whether a loan contract was established between the Plaintiff and the Defendant as alleged by the Plaintiff lies in the Plaintiff claiming a loan.

(see, e.g., Supreme Court Decision 2015Da256732, Jun. 9, 2016). Evidence No. 1 is a document prepared by a certified tax accountant employed by the Plaintiff for the taxation of entertainment taverns in relation to the said money, as follows.

B CF’s contents are written as advance payment in the tax item, and there is no room to regard that the said money was paid under the name of the Plaintiff as claimed by the Plaintiff.

However, advance payment means that it was paid in advance, and Nos. 4, 5, and 5.