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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. From January 19, 2012 to December 1, 2013, the Plaintiff asserted that the Plaintiff lent KRW 36,550,000 to the Defendant via the Defendant’s account in the name of C, and the Defendant repaid the Plaintiff KRW 5,650,00 in total.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of 30,900,000 won (=36,550,000 won - 5,650,000 won) and damages for delay.
B. The plaintiff asserted that the defendant deposited money in the account in the name of C for the repayment of the money borrowed from D or the defendant's branch E, living with the defendant, or for the repayment of the money borrowed from the defendant's representative, and there is no fact that the defendant borrowed money from the plaintiff.
2. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, if the defendant contestss against the defendant, the party bears the burden of proving the loan.
(See Supreme Court Decision 72Da221 Decided December 12, 1972, and Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). According to the overall purport of entries and pleadings in Health Units, Evidence Nos. 1 and 2 (including serial numbers) with respect to the instant case, the Plaintiff deposited KRW 30,90,000 in the account in the name of C over 49 times from January 19, 2012 to December 1, 2013, the fact that the Plaintiff deposited KRW 5,650,000 in the Plaintiff’s name from April 17, 2013 to July 19, 2013 is recognized.
However, there is no evidence to acknowledge that there was an agreement between the Plaintiff and the Defendant on the interest or the due date for payment, which is acknowledged based on the aforementioned evidence and the entire purport of the pleadings, and there is no circumstance that the Plaintiff urged the Defendant to pay the said amount for more than four years from the date of the Plaintiff’s final deposit to the time of the instant lawsuit, and ③ another circumstance exists.