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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 14, 2009, the Plaintiff transferred KRW 29 million to the Defendant.
B. On May 21, 2015, the Plaintiff filed a complaint with the Defendant by fraud stating that “the Defendant, who did not have the intent to repay or ability to repay, by deceiving the Plaintiff and by deceiving the Plaintiff by receiving KRW 29 million as a loan,” and the Defendant was subject to a disposition of suspicion by the Prosecutor of the Daejeon District Prosecutors’ Office.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion was that the Defendant “necessary money to operate a amusement room. The repayment period is two years, and the Plaintiff will pay interest of KRW 5 million per month.” On December 14, 2009, the Plaintiff lent KRW 29 million to the Defendant.
B. The defendant's summary of the defendant's assertion is that the defendant received KRW 29 million from the plaintiff, not from the plaintiff, but from the investment.
3. Judgment on the issue
A. In a case where a remittance is made by transferring money to another person’s deposit account, etc., the remittance may be made based on various legal causes. In order for the remittance to be recognized as a loan, the fact that the money was paid under a loan for consumption must be proved, and the burden of proof therefor shall be borne by the plaintiff who asserts it.
B. In light of the following circumstances acknowledged based on the following circumstances, it is difficult to recognize that a monetary loan contract was concluded between the original and the Defendant solely based on the evidence submitted by the Plaintiff or the testimony of C to the effect that the Plaintiff gave a loan to the Defendant in the vicinity of the evidence or the statement that the Plaintiff gave a loan to the Defendant, and there is no other evidence to acknowledge otherwise.
(1) No disposition document, such as a loan certificate or letter, shall be prepared between the original and the defendant.
② The interest rate alleged by the Plaintiff is too high that it is difficult to believe it is, and no interest has been paid for several years.
The Plaintiff is a long-term legal person.