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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion on July 2013, the Defendant purchased 150 square meters on the land of the Philippines and changed the car center to a motor vehicle inspection station, and took advantage of the Plaintiff’s knife and knife his knife with his knife after being the grandchildren of the president of the Switzerland’s legal branch, there is no problem of returning KRW 200 million after three months. The Defendant decided to repay 161 million after three months, and borrowed 100 million won from the Plaintiff.
However, the automobile inspector mentioned by the defendant was difficult to establish the automobile inspector, and the plaintiff asserted this, and the defendant did not pay the above borrowed money up to now, such as the suspension of payment deadline, with other "drawing substitute land."
2. A loan for consumption only is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such ownership in such a kind, quality and quantity (Article 598 of the Civil Act). It is natural that there is an agreement between the parties as to the above point.
(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). In addition, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it cannot be readily concluded that the party’s intent as to loan for consumption has been jointly determined solely on the fact that such transfer was made.
(See Supreme Court Decision 2012Da30861 Decided July 26, 2012). The burden of proving the existence of the parties’ intent lies in the assertion that the remittance was caused by a loan for consumption.
According to the evidence evidence Nos. 1 through 4, C borrowed KRW 200 million from D around July 2013, and as to No. 310 of F-1 parcel No. 310, the name of D based on the purchase and sale promise made on July 16, 2013.