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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On April 21, 2006, the Plaintiff deposited KRW 300,000,000 to the Defendant, and KRW 75,000,000 to the national bank account in the name of Nonparty C designated by the Defendant, and KRW 225,00,000 to the national bank account in the name of the Defendant, respectively.
On July 21, 2006, KRW 300,000,000 paid KRW 100,000,000 cashier's checks, KRW 10,000,000,000,000,000,000 cashier's checks, and KRW 10,000,000,000,000,000, in each 14 cashier's checks, respectively.
[Ground for recognition] Unsatisfy, Gap evidence Nos. 2 and 12 (including branch numbers, if any; hereinafter the same shall apply), each statement of this Court's order to submit financial transaction information as of August 28, 2014 of this Court, NH Nonghyup Bank's response to each order to submit financial transaction information as of September 11, 2014, and the purport of the whole pleadings as to each order to submit financial transaction information as of September 11, 2014.
2. The parties' assertion
A. The Plaintiff’s assertion is a loan, and the Defendant is obligated to pay the instant money and damages for delay to the Plaintiff.
B. The Defendant’s assertion that the instant money was merely a donation to the Defendant under each subparagraph, and the Defendant does not have an obligation to return the instant money to the Plaintiff.
3. Determination
A. Even if there is no dispute as to the fact that there is an amount of money between the parties, the cause that the Plaintiff received is a loan for consumption, and if 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 the
(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.
In light of the following circumstances as to whether the instant money was a loan, the Plaintiff lent the instant money to the Defendant, based on the evidence as mentioned above, evidence Nos. 4, 8, 14, and evidence Nos. 1, 3, 6, 9, and 11 as well as the purport of the entire pleadings.