1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On January 13, 2003, the Plaintiff asserted that the Plaintiff lent KRW 180,000 to the Defendant, and the Defendant did not pay KRW 106,00,000 among them until June 17, 2004, and KRW 68,000,000 remaining until the end of May 2005.

B. Defendant’s assertion 1) The amount of KRW 180,000,000 paid by the Plaintiff to the Defendant on January 13, 2003 is not a loan, but an investment for the purchase of unlisted stocks. Upon Nonparty C’s request, the Defendant, upon Nonparty C’s recommendation, is a non-listed company (hereinafter “non-party company”).

(2) However, unlike the expectation, the non-party company did not list its shares. The plaintiff filed a civil petition with the company where the defendant works on April 2004, and the defendant prepared 100,000,000 retirement pay to the plaintiff and promised to mediate the plaintiff to sell the shares issued by the non-party company to the other party, and the plaintiff fulfilled its duty by performing all the above agreed matters. Thus, the plaintiff's claim for the loan of this case is unjustifiable.

2. Determination

A. Even if there is no dispute between the parties as to the fact that money was received, when the Defendant contests the Plaintiff’s assertion that the lending was made, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). Therefore, it should be recognized that the Defendant, the other party to whom the claim was sought to return the money to the Defendant as a loan under a loan for consumption under the Civil Act, agreed that the said money would be returned to the Defendant, to be recognized as a loan under a loan for consumption under the Civil Act.

(b).