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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 gist of the Plaintiff’s assertion is that the Plaintiff loaned KRW 36,00,000,000 from the National Bank account of C to the Defendant’s Nong Bank account on November 1, 2016, upon receiving a request for lending money from the Defendant, and upon receiving a request from the Defendant, the Plaintiff borrowed KRW 36,000,000 by transferring KRW 36,000 to the Defendant’s Nong Bank account. As such, the Defendant is obligated to refund the Plaintiff the above loan KRW 36,00,000,000 and delay damages therefrom.
2. The fact that KRW 36,00,000 has been transferred from the judgment C’s account to the Defendant’s account, as alleged by the Plaintiff, is no dispute between the parties.
Accordingly, the defendant asserts that the above money was not borrowed but returned 36,000,000 won to the plaintiff on June 17, 2016.
In case of remitting money to another person's deposit account, the remittance can be made based on a variety of legal causes. Thus, even if there is no dispute between the parties to exchange money, when the plaintiff asserts that it is a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving that it is a loan under a loan for consumption.
(2) In light of the above legal principles, the Plaintiff submitted a confirmation document by C that the Plaintiff was aware of the details of the above financial transaction and the above money to the Defendant in light of the evidence as to the fact that the said money was a loan. However, the Defendant’s receipt of KRW 36,00,000 from the Plaintiff was not borrowed but was returned KRW 36,00,000, which the Defendant left to the Plaintiff prior to the borrowing of KRW 36,000,000, and the Defendant’s receipt of KRW 6 through 11,13 through 16 was returned to the Plaintiff. According to each of the statements stated in subparagraphs B and B, the Defendant collected KRW 38,50,000 from his account at around 12, 2016, around 16:16:50,000 from his account at around 16, 200 on April 16, 2016.