1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

A. The Plaintiff transferred to the Defendant KRW 60 million on February 21, 2006, and KRW 60 million on March 7, 2006, respectively.

B. On June 2, 2006 and July 26, 2013, the Plaintiff prepared and received a cash custody certificate from the Defendant that the Defendant keeps the Plaintiff’s money of KRW 140 million ( principal KRW 120 million and profit KRW 20 million).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers), the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Plaintiff lent KRW 120,000 to the Defendant without interest agreement, and the period of payment should be deemed as June 3, 2006, where the Defendant first prepared a cash custody certificate to the Plaintiff.

Therefore, the damages for delay incurred from June 10, 2006 to March 10, 2020 on the above loan are KRW 82,50,000 when applying 5% per annum, which is the statutory interest rate. The Defendant paid only KRW 40,000,000, which is a part of the principal and the damages for delay on March 10, 2020, and the Defendant is obliged to pay the remainder of the damages for delay to the Plaintiff and the damages for delay.

B. Although there is no dispute between the parties to the judgment as to the fact that the amount was received, the plaintiff asserts that the cause of receiving the amount was a loan for consumption, while the defendant asserts that it was received due to a loan for consumption, the plaintiff bears the burden of proving that it was received due to

(see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). According to the aforementioned facts, a cash custody certificate is recognized that the Plaintiff remitted KRW 120,000 to the Defendant, and that the Defendant keeps custody of KRW 140,000,000.

However, the cash custody certificate stated that the sum of the principal and the profits is in custody of 140 million won, but there is no agreement to borrow it, but there is no interest agreement.