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1. Of the judgment of the court of first instance, with respect to KRW 147,00,000 among the judgment of the court of first instance and KRW 40,00,000 among the judgment, to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is engaged in the real estate brokerage business under the trade name of “E real estate” at two weeks, and the Defendant is engaged in the intermediate waste recycling business under the trade name of “F” at the same city.
B. The Plaintiff transferred KRW 12,00,000, totaling KRW 112,00,000,000 to the bank account under the name of the Defendant, January 27, 2014, and KRW 70,00,000 on February 11, 2014, and KRW 25,000 on February 25, 2014, and KRW 10,000 on February 28, 2014, and KRW 25,000 on March 4, 2014.
C. On February 4, 2014, the Plaintiff’s attached C loaned KRW 50,000,000 to the Defendant at a rate of 1% per month.
C The C died on April 18, 2015, and C’s inheritors (G, Plaintiff, H, I, D, J, K, and L) agreed on the division of inherited property on October 10, 2015, with the content of the Plaintiff’s sole ownership of financial assets and claims.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including a provisional number; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination
A. Determination on the Claim 112,00,000 won for a loan 112,00 won 1) : (a) The Plaintiff lent KRW 70,000,000 to the Defendant on January 27, 2014, KRW 25,000,000 on February 28, 2014, KRW 10,000 on February 28, 2014, and KRW 42,00,000 on March 4, 2014, there is no dispute between the parties; and (b) the Plaintiff lent KRW 70,000,000 to the Defendant on February 111, 2014.
(A) Although there is no dispute over the fact that an exchange of money between the parties is a loan for consumption, the Plaintiff is responsible for proving that the cause of the exchange of money is a loan for consumption if the Defendant asserts that it is a loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). B) The following facts and circumstances are revealed according to the health bond in this case, the evidence that there is no dispute between the parties, or the whole purport of the statement and arguments in subparagraph 6: (a) when the Plaintiff transfers the above money to the Defendant, i.e., when the Plaintiff transfers the money to the Defendant, i., “B loan” in the Plaintiff’s passbook, and i.e., the Defendant