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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the Plaintiff’s claim and its determination
A. The summary of the claim (1) around June 2015, the Plaintiff lent KRW 290,000,000 to the Defendant as a deposit for lease on a monthly basis and received KRW 300,000 as interest per month from the Defendant. Since the Defendant did not pay the above interest from November 2015, the Defendant lost the benefit of time, and accordingly, the Defendant is liable to pay the Plaintiff the loan amounting to KRW 290,00,000 and delay damages.
(2) The Plaintiff, separately from October 2015, to November 17, 2015, lent a total of KRW 40,000 from the end of the said year to the end of the said period as of January 2016, the Plaintiff was obligated to pay the Plaintiff the said KRW 40,000,000 and the damages for delay.
B. (1) Even though there is no dispute over the fact that the parties are able to receive money, the plaintiff asserts that the cause of receiving money is a monetary loan for consumption, and the defendant is liable to prove that it was received due to a loan for consumption if it is disputed the cause of receiving money.
(see Supreme Court Decision 72Da221, Dec. 12, 1972). In addition, where it is not clear whether the Plaintiff’s account transfer is subject to a monetary loan due to the failure to prepare a contract, loan certificate, etc. between the parties, it shall be reasonably interpreted in accordance with logical and empirical rules and the common sense of society by taking into account all the circumstances, including the relationship between the parties, the process and motive of receiving money by means of account transfer, the purpose and genuine intent of the parties, transaction practices, etc.
(2) Based on the above legal doctrine, the instant case is deemed to have been recorded in the Health Unit and the Parties or in the Evidence Nos. 1 through 9 (including the Serial Number), and the following facts and circumstances recognized or known are considered to have been added to the purport of the entire pleadings: