1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that: (a) the Plaintiff loaned KRW 47,00,000 to the Defendant on January 10, 2017, KRW 7% per month of agreed interest rate; (b) KRW 20,000,00 on August 31, 2018 to KRW 7% per month of agreed interest rate; and (c) KRW 20,000,000 on November 16, 2018 to KRW 15% per month of agreed interest rate; and (b) respectively, KRW 47,00,000 per month of agreed interest rate.

The Defendant paid part of the agreed interest rate of 7% per month or 15% per month on the above loan. Since the agreed interest rate paid by the Defendant exceeds the amount calculated by the statutory maximum interest rate as stipulated in the Interest Limitation Act, when taking into account the above law, the remaining loan amount is KRW 37,258,00 in total.

The defendant is obligated to pay the principal of the above loan amount of KRW 37,258,00 and damages for delay.

2. Determination

A. The fact that constitutes a requirement for giving rise to the right bears the burden of proof to the claimant, unless there are special circumstances.

Therefore, when the defendant contests the plaintiff's assertion that he lent money, the burden of proof for the fact of lending is asserted against the plaintiff.

(See Supreme Court Decision 2018Da42538 Decided July 25, 2019). B.

According to the evidence Nos. 1, 2, 16-18, the fact that the Plaintiff remitted a certain amount to the Defendant and that the amount deemed to be the interest was remitted to the Plaintiff may be recognized.

However, the reason for remitting money between the parties is diverse, so it cannot be readily concluded that the money was remitted to a specific person.

In light of the following: (a) the Plaintiff and the Defendant’s SNS dialogue between the Plaintiff and the Defendant; and (b) the Defendant remitted all the amount deposited by the Plaintiff from the Plaintiff to the network C; and (c) the type of transaction, etc., the evidence submitted by the Plaintiff alone cannot be recognized that the Plaintiff lent the amount as alleged by the Plaintiff to the Defendant; and (b) there is no other evidence to acknowledge that the Plaintiff lent it to the Defendant.

3. The plaintiff's claim for conclusion cannot be accepted, and it is dismissed.