1. The plaintiff's claim is dismissed.

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

1. The Plaintiff transferred to the Defendant KRW 20 million on July 18, 2015, KRW 10 million on July 29, 2015, KRW 20 million on August 13, 2015, KRW 20 million on August 13, 2015, and KRW 10 million on August 21, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that if the Defendant lent money to the Plaintiff, the Plaintiff would pay the interest of KRW 3 million per month, and the Plaintiff determined the due date as December 31, 2015 and lent KRW 60 million to the Defendant.

However, since the defendant did not repay at all until now after the due date, it is obligated to pay the plaintiff the loan of KRW 60 million and the delay damages for the loan.

B. The defendant's assertion is not a loan of KRW 60 million from the plaintiff, but an investment is made.

The plaintiff knew that the defendant was making a share investment, and the defendant received money from the plaintiff and made a share investment, but there is a lot of loss.

The Defendant stated from the beginning that it is necessary for the Plaintiff to wait for after investment due to the characteristics of stock investment, and that it is difficult to pay short-term profits and recover the amount of investment.

3. Since the act of paying money to another person can be conducted through various causes, such as loans for consumption, investments, and donations, it cannot be readily concluded that there was the unity of the parties to a loan for consumption solely on the basis that the money was granted.

Even if there is no dispute as to the fact that the parties provided and received money, the plaintiff's assertion that the lending was made shall bear the burden of proof against the plaintiff who asserts that the lending was made.

(see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). The fact that the Plaintiff remitted the sum of KRW 60 million to the Defendant from July 18, 2015 to August 21, 2015 is as seen earlier.