1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On August 8, 2014, the Plaintiff transferred KRW 42.2 million from the Defendant’s account to the Defendant’s account by using the remitter’s account in his/her own name as B.

B. Meanwhile, on February 11, 2015, the Defendant remitted KRW 20 million to the above national bank account under the Plaintiff’s name.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. On August 8, 2014, the Plaintiff asserted that the Plaintiff, as the cause of the instant claim, lent KRW 44 million to the Defendant on the same day, and transferred KRW 1.8 million, the remainder of KRW 42.2 million, by removing the interest of KRW 1.8 million, and thereafter, received KRW 20 million from the Defendant as a partial repayment. The Plaintiff asserted that the Defendant was transferred the remainder of the loan amount of KRW 24 million (= KRW 44 million - 20 million) and claimed the refund of the remainder of the loan amount of KRW 24 million to the Defendant.

On July 30, 2014, the Defendant asserted that the Plaintiff and B were issued an electronic bill of KRW 29 million at face value as collateral for the settlement of construction price or payment of construction price by the land construction corporation where the Plaintiff and B are outside directors, and that they were transferred to the Plaintiff and B with the discount of KRW 42,200,000 for the purchase price or the purchase price, and that they did not borrow money from the Plaintiff, and that they claimed by the Plaintiff.

B. Even if it is recognized that there is a receipt of money between the parties to the judgment, the reason that the Plaintiff received money is a loan for consumption, and the Defendant is liable to prove that it was received due to a loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972); subparagraph 1; subparagraph 2-1; subparagraph 2-2; and each of the statements and arguments known by the entire purport of oral arguments against the Defendant of the land construction corporation; the reason why the electronic bill was issued to the Defendant of the Plaintiff and B; the reason why the transfer was made by the Plaintiff.