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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
A. The Plaintiff asserted that the Plaintiff lent a total of KRW 120 million to the Defendant from July 3, 2015 to August 17, 2015. However, inasmuch as only KRW 50 million was paid, the Defendant is obligated to pay the loan balance to the Plaintiff.
B. The Defendant’s assertion does not lend KRW 120 million from the Plaintiff. However, the Defendant has been engaged in the transaction with the Plaintiff’s Dong C, etc., and only borrowed and repaid money from C using the Plaintiff’s account in the process.
Even if the Defendant borrowed money from the Plaintiff, the Defendant paid the money transferred to the Plaintiff’s North Daegu Agricultural Cooperative account more.
2. Determination
A. The Plaintiff’s assertion that there was no dispute between the parties as to the fact that there was a receipt of money but the loan was lent is proved by the burden of proof on the Plaintiff who asserted that the loan was lent.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.
The following facts are recognized if there is no dispute, or if the purport of the whole pleadings is added to each entry in Gap evidence 1 (including the number with which it has a serial number; hereinafter the same shall apply):
① From the account in the name of the Plaintiff, KRW 30 million on July 3, 2015, KRW 20 million on July 4, 2015, and KRW 20 million on July 8, 2015 were remitted to the Defendant’s account.
② The Plaintiff’s key securities account in the name of ASEAN transferred KRW 30 million from July 6, 2015 to the Defendant’s account.
③ From the Daegu Bank Account in the name of the Plaintiff, the amount of KRW 20 million was transferred from August 17, 2015 to the Defendant Account.
④ On March 23, 2016, the Defendant paid KRW 20 million to the North Daegu Agricultural Cooperative Account under the name of the Plaintiff, and the same year.
5. 13.20 million won, and 10 million won on the 26th day of the same month, were remitted respectively.
C. However, in light of the following facts and circumstances acknowledged by adding the purport of the entire pleadings to the descriptions in subparagraph 2 of the evidence No. 2, the Plaintiff is admitted as above.