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The plaintiff's appeal is dismissed.
Expenses for appeal shall be borne by the plaintiff.
Purport of claim and appeal
The judgment of the first instance.
Reasons
1. Summary of the parties' arguments;
A. On May 7, 2008, the Plaintiff asserted that the Plaintiff leased KRW 30 million to the Defendant on or around the end of June 2008 without a interest agreement. The Defendant paid only KRW 21.2 million and did not pay the remainder of KRW 8.8 million. Thus, the Defendant is liable to pay the Plaintiff the above KRW 8.8 million and its delay damages.
B. The Defendant alleged that the real estate broker and the Plaintiff and C found the real estate investment source around 2007 introduced D, which is a seller of commercial buildings, on the ground that D was in need of money, and thereafter delivered D to the Plaintiff as it was necessary, and C loaned KRW 250 million to D upon request by the Plaintiff.
However, D failed to repay loans on a timely basis. Accordingly, the Defendant prepared and repaid KRW 140 million to C, respectively. In the process, the Defendant received and delivered the above KRW 30 million from the Plaintiff to C on May 7, 2008, and the Defendant did not borrow the above money from the Plaintiff, but rather, the Defendant did not receive refund from the Plaintiff after lending the above amount of KRW 23.2 million to the Plaintiff.
2. Determination
A. In case of remitting money to another person's deposit account by transferring the money, etc., the remittance can be made based on a variety of legal causes. As such, the claimant has the burden of proving that the remitted money is a loan under a monetary loan contract with the person who receives it.
(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). B.
1) According to the overall purport of the statement and pleading as to No. 1, the Plaintiff’s account of the Defendant on May 7, 2008 (hereinafter “instant money”) and the Plaintiff’s total amount of KRW 30 million (hereinafter “instant money”).
The Defendant deposited the Plaintiff’s account, on the other hand, KRW 12 million on June 24, 2008, KRW 200 million on July 23, 2008, KRW 5 million on October 30, 2008, and KRW 200,000 on February 26, 2010.