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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. On March 2016, the Defendants asserted that the Plaintiff’s purchase of D business expenses is necessary, and each of the Defendants lent KRW 7 million to the Plaintiff within one year, respectively, and the Plaintiff lent KRW 7 million to Defendant B on March 10, 2016 and KRW 7 million to Defendant C on March 11, 2016.
Therefore, the defendants are obliged to pay the above loans and damages for delay to the plaintiff.
2. Determination
A. In case of remitting money to another person's deposit account by transferring the money, etc., the remittance can be made based on a variety of legal causes. As such, the claimant has the burden of proving that the remitted money is a loan under a monetary loan contract with the person who receives it.
(Supreme Court Decision 2014Da26187 Decided July 10, 2014 and Supreme Court Decision 2017Da37324 Decided January 24, 2018, etc. (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24,
Judgment
According to the statement Nos. 1-2 and 1-2 of the Plaintiff’s statement, the Plaintiff’s deposit of KRW 7 million with the Defendant’s deposit account on March 10, 2016, and KRW 7 million with the Defendant’s deposit account on March 11, 2016 (hereinafter “the instant money”). However, according to the following circumstances, the Plaintiff’s deposit of KRW 1, 5 (including the serial number), and 1 through 4 with the overall purport of the pleadings, i.e., ① Defendant C and the Plaintiff’s statement of currency (No. 1-2) on November 15, 2017, the Plaintiff appears to have obtained ordinary loan documents or notarial deeds when the Plaintiff loaned money to the liquor supplier, and the Plaintiff’s deposit of KRW 7 million with the Defendant’s deposit account on March 11, 2016 with the Defendant’s deposit account on March 11, 2016 (hereinafter “the instant money”). However, in light of the fact that the Plaintiff received the Plaintiff’s loan from the Defendants’s loan of this case’s loan.