The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

On March 14, 2017, the Plaintiff remitted KRW 10,000,00 to the Defendant account, and KRW 21,002,40,00 to the C’s account on April 28, 2017.

[Ground for Recognition: Unsatisfy, Entry in Gap evidence 1 (including paper numbers), the purport of the whole pleadings]

2. The parties' assertion

A. On March 14, 2017, the Plaintiff leased KRW 31 million to the Defendant on July 31, 2017, totaling KRW 10 million (transfer to the Defendant’s account known to the Defendant) and KRW 21 million on April 28, 2017.

Therefore, the Defendant is demanding the return of the loan amounting to KRW 31 million.

B. Upon the Plaintiff’s request, the Defendant transferred the deposit amount of KRW 10 million to the lessor of the Plaintiff’s office from the Plaintiff’s account as the Defendant Company.

On March 14, 2017, the Plaintiff transferred KRW 10 million to the Defendant on March 14, 2017, which the Defendant returned KRW 10 million on behalf of the Defendant.

There is no fact that the defendant did not know about C and did not lend money to C.

3. The plaintiff's assertion that he lent money between the parties to the judgment even if there is no dispute as to the fact that he provided money between the parties to the judgment, the defendant bears the burden of proof as to the fact of lending.

(See Supreme Court Decision 2017Da37324 Decided January 24, 2018). The Defendant asserted that KRW 10 million received from the Plaintiff on March 14, 2017 was refunded not the loan but the lease deposit paid on behalf of the Plaintiff before the loan. As such, the Plaintiff is liable to prove that the said KRW 10 million is a loan, and there is no proof therefor.

Rather, according to the purport of each of the statements and arguments in Eul evidence Nos. 1 through 4, the Plaintiff sent a message to the Defendant on January 25, 2017 to deposit KRW 1 million with the E account, and the Plaintiff transferred KRW 500,000 from the D account to the E account known to the Plaintiff on January 25, 2017, KRW 500,000,000 on February 8, 2017, and KRW 450,000 on February 9, 2017, and around February 2017, E is the owner of the business place operated by the Plaintiff.