1. The plaintiff's claim is dismissed.

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

1. The Plaintiff’s claim, on August 7, 2018, lent KRW 40 million to the Defendant. As such, the Defendant is obligated to refund the said loan and damages for delay to the Plaintiff.

2. Even if there is no dispute as to the fact that the party gave and received money between the parties to the sales market, the plaintiff's assertion that the party lent the money has the burden of proof as to the fact of the lending when the defendant contests

(see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). In light of the foregoing, no evidence exists to acknowledge that the Plaintiff transferred money to the Defendant on August 7, 2018.

Rather, comprehensively taking account of the overall purport of the arguments in the statements in subparagraphs 1 through 5, the Plaintiff and the Defendant concluded a partnership business agreement with respect to the business of “C” on June 30, 2016, and maintained the partnership business relationship by the beginning of 2019. As such, it is sufficient that the original Defendant had a monetary transaction under any other pretext than the loan. In fact, the Plaintiff appears to have been spent under the name directly or indirectly related to the business of “C” immediately after the transfer.

The plaintiff's claim is without merit for further examination.

3. The plaintiff's claim is dismissed.