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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On February 10, 2016, the Plaintiff asserted that he/she promised to pay the Defendant at the time of withdrawal by lending KRW 35 million to the Defendant on February 10, 2016, and sought payment of KRW 35 million with the return of the loan and delay damages therefor.
As to this, the defendant asserts that from 2016 to April 2019, the plaintiff worked at the plaintiff's entertainment bar, and only received KRW 35 million in terms of the expenses of the plaintiff's entertainment bar, and does not borrow the above money from the plaintiff.
2. Even if there is no dispute between the parties to the sales market as to the fact that there is a number of money, when the defendant contests against the plaintiff's assertion that the lending party lent it, the party bears the burden of proof as to the lending
(see Supreme Court Decision 2014Da26187, Jul. 10, 2014). According to the Plaintiff’s evidence No. 1, the Plaintiff is deemed to have remitted KRW 35 million to the Defendant on February 10, 2016, but it is insufficient to recognize that the Plaintiff lent the said money to the Defendant solely on the said remittance. There is no evidence to acknowledge otherwise.
3. The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.