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1. There is no obligation to pay 10,000,000 won to the Defendant (Counterclaim Defendant) against the Plaintiff (Counterclaim Plaintiff).
Reasons
The principal lawsuit and counterclaim shall be judged together.
Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) asserted that the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) transferred KRW 6,00,000 to the account around June 201 through C, and that KRW 10,000,000 was paid in cash each around July 201 and August 201 and lent KRW 2,00,000 in cash. Accordingly, the Plaintiff asserted that there was no fact of borrowing KRW 10,00,000 from the Defendant, and sought confirmation of the existence of the obligation against the Defendant.
Judgment
In a lawsuit seeking confirmation of existence of a pecuniary obligation, if the plaintiff, who is the debtor, has made a claim first to deny the fact that the cause of the obligation occurred by specifying the claim first, the defendant, the creditor, bears the burden of proof of proof
(See Supreme Court Decision 97Da45259 delivered on March 13, 1998, etc.). In addition, in cases of remitting money to another person’s deposit account by transferring money, etc., the remittance may be based on a variety of legal causes, and even if there is no dispute between the parties as to the fact that the money is available, the other party has the burden of proof against the party who asserts the lending.
(see, i.e., Supreme Court Decision 2014Da26187, Jul. 10, 2014). According to each description of evidence Nos. 3 and 4, it is insufficient to acknowledge that the Defendant lent KRW 10,00,00 to the Plaintiff solely on the basis of the above acknowledged facts and the statement of evidence Nos. 1 and 2, and the witness C’s testimony alone, from February 14, 2011 to May 14, 2012, to the bank account under the name of the Plaintiff in C, or from the bank account under the name of C to the bank account under the name of the Plaintiff. There is no evidence to acknowledge otherwise.
Therefore, there is no obligation to pay 10,000,000 won to the defendant, and the defendant does so.