1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion is from March 26, 2016 to the Defendant that the Plaintiff needs money to operate a liquor called “C”.

4. A total of KRW 70,000,000 (hereinafter “the instant money”) was transferred to and lent to the Defendant’s bank account by three times until August 18, 200, and the Defendant is obligated to pay the Plaintiff the said loan amount of KRW 70,000,000 and damages for delay.

B. Although the gist of the Defendant’s assertion was that the Plaintiff invested the instant money in “C” with the Defendant’s introduction, the Defendant did not borrow the money, and there was no agreement to guarantee the investment, and thus, the Defendant did not have any obligation to return the said money to the Plaintiff.

2. Since the act of paying money to another person can be conducted through various causes, such as loans for consumption, investment, and donation, it cannot be readily concluded that there was the unity of the parties to a loan for consumption solely on the basis that the money was granted.

Even if there is no dispute as to the fact that the parties provided and received money, the plaintiff's assertion that the lending was made shall bear the burden of proof against the plaintiff who asserts that the lending was made.

(see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). In light of the foregoing legal doctrine, according to the overall purport of the statement and pleading as to this case’s health account and evidence Nos. 1 (including paper numbers), the Plaintiff’s account under the name of the Defendant was KRW 5,00,000,000, and the same year.

4. The fact that a total of 65,000,000 won has been remitted over two occasions may be recognized.

However, the following circumstances, which can be acknowledged by comprehensively taking account of the descriptions of the evidence Nos. 1, 2, 4, and 6 as well as the witness D’s testimony, i.e., documents on loans for consumption, such as a loan certificate or receipt, between the Plaintiff and the Defendant, are not prepared.