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1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 9, 2017 to December 18, 2019.
Reasons
1. Determination as to loan claims
A. Upon receiving a request from the Defendant for a loan from the Defendant to the Defendant for the operation of the Myanmar Factory, the Plaintiff’s summary of the Plaintiff’s assertion made a loan of KRW 44,200,000 to the Defendant on March 22, 2017, KRW 10,000 on April 7, 2017, KRW 3,000,000 on April 19, 2017, and KRW 44,200,000 on April 20, 2017, while the Defendant agreed to pay the above loan by the end of September 2017, the Defendant is not obligated to pay the Plaintiff the above loan of KRW 44,20,000 and delay damages.
B. 1) Even if there is no dispute as to the fact that the Plaintiff gave and received money between the parties, the Plaintiff has the burden of proof as to the fact of the lending (see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). 2) According to the evidence No. 1-30,000, 1000, 10,000 won on March 22, 2017; 3,000,000 won on April 7, 2017; 3,000,000,000 won on April 19, 2017; 1,200,000 won on April 20, 2017; 200,000 won on April 1, 2017; 3,000,000 won on the transfer of money to the Defendant’s account No. 31-200,000, supra.