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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 parties' assertion and judgment
A. On May 2009, the Plaintiff asserted that the Defendant would repay money to the Plaintiff within one month from May 2009, and the Plaintiff loaned KRW 61,500,000 to the Defendant on May 21, 2009.
Therefore, the defendant is obligated to repay to the plaintiff.
B. The plaintiff and the defendant share the real estate business with the plaintiff and they exchange money in several times. The above money is not the money borrowed from the plaintiff.
C. According to the Plaintiff’s evidence Nos. 1-1 and 2-2, the fact that KRW 61,500,000 has been transferred from the Plaintiff’s account to the Defendant’s account on May 21, 2009 is recognized.
However, in order for the Plaintiff to have been paid due to a loan for consumption, the following circumstances, which are acknowledged by comprehensively taking into account the entire arguments as stated in subparagraph 1-1, 23, 24, 25, 26, 28, 29, 38, 42, and 89 of the evidence No. 1-2, namely, in order for the Plaintiff to have been paid due to a loan for consumption, the agreement between the parties to the loan for consumption should be reached at the time of the payment of the said money. If the other party claims the cause of the receipt of the money, the Plaintiff is responsible for proving that it was paid due to a loan for consumption. The Plaintiff merely argued that the Plaintiff lent the above money to the Defendant, and did not state the content of a loan for consumption, such as a loan certificate, and did not state the intent to lend the above money at the time of the payment of the money. On the other hand, the Plaintiff prepared several copies of loans to the Defendant, even after the date of the Plaintiff’s assertion, and the Plaintiff did not assert the above payment of the loan to the Defendant until February 214.