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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 gist of the parties’ assertion: (a) from March 30, 201 to January 27, 2012, the Plaintiff loaned KRW 57,500,000 to both the Defendants, both of whom are the married couple; and (b) the Defendants paid only KRW 23,040,00 among them, and (c) the Defendants shall jointly and severally pay the Plaintiff the amount of KRW 34,460,00 as a loan repayment.
On the other hand, the plaintiff and the defendants were engaged in the business of importing and selling baby vehicles. The plaintiff and the defendants asserted that the above money received from the plaintiff is investment money.
2. Where a person transfers money to another person's deposit account, the remittance can be made based on various causes, such as loan for consumption, donation, repayment, simple delivery, etc. Thus, even though there is no dispute between the parties as to the fact that the money can be received, the plaintiff asserts that the cause of receiving the money is a loan for consumption, while the defendant asserts that it was received due to a loan for consumption, while the plaintiff bears the burden of proving that it
(see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). According to the foregoing legal doctrine, the Plaintiff remitted money to Defendant B as indicated in the following table 1, and the Plaintiff received money from Defendant B as listed in the following table 2, and the difference can be recognized as constituting 34,460,00, but the above facts of recognition and evidence No. 2 cannot be deemed that the Plaintiff lent the said money to the Defendants, and there is no other evidence to acknowledge otherwise, the Plaintiff’s above assertion is without merit.
Table 1 (the details remitted by the Plaintiff to Defendant B) No. 10,000 on March 30, 201; 20,000,000 on May 29, 201, 201; 3,000,000 on June 29, 201; 4.5,00,000 on July 28, 201; 5,50,000 on July 29, 201; 6, 3,000,00 on June 3, 200, 200 on July 29, 201; 10, 200 on July 3, 200, 200; 6,00 on July 6, 200, 200; 10,000 on May 19, 207, 205; and