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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The Plaintiff’s assertion that the Defendant would immediately repay the loan, and the Plaintiff did not prepare a loan certificate at the request of the Defendant, and lent a total of KRW 50,000,000 to the Defendant over 11 times between December 6, 2018 and March 21, 2019. Since the Defendant did not repay the loan up to the present day, the Plaintiff is liable to pay the said loan and the damages for delay.
2. Determination:
A. Legal doctrine 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 the same kind, quality, and quantity. As such, there must be an agreement between the parties as to the above point (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). The burden of proving the conclusion of a monetary loan contract in a lawsuit claiming a return of loan is the Plaintiff who asserts its effect.
(See Supreme Court Decision 2013Da12280 Decided June 14, 2013 (see, e.g., Supreme Court Decision 2013Da12280, Jun. 14, 2013). 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 mere fact that such transfer was made does not mean that the parties to a loan for consumption have jointly agreed to the intent of a loan for consumption (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer
(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). B.
Judgment
According to the above legal principles, Gap evidence No. 1, as to the instant case, the Plaintiff’s account was 2,00,000 won with the Defendant’s account on December 6, 2018, and KRW 1,500,000 on January 3, 2019, KRW 3,000,000 on January 14, 2019, KRW 2,000,000 on January 14, 2019, KRW 2,000 on January 222, 2019, KRW 3,000,000 on February 3, 2019, and KRW 15,200 on February 15, 2019,