1. The plaintiff's claim is dismissed.

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

A monetary loan agreement is an agreement between the parties to transfer money to the other party and the other party agrees to return money in cash, and is an abortion, consideration or free, letter, or influenite contract, which is established by the other party, and the burden of proving that there was a lending agreement if the defendant denies the lending agreement with respect to the plaintiff's assertion of the lending agreement is borne by the plaintiff.

In addition, in the event of a transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such transfer was made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such an agreement was consistent is attributable to the Plaintiff claiming that the remittance was made based on the loan for consumption.

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014 (see, e.g., Supreme Court Decision 2014Da26187). The Plaintiff asserts that, from July 15, 2016 to July 16, 2018, the Plaintiff paid 5,958,905 won out of the Defendant’s vehicle payment, and he remitted 17,261,000 won as the Defendant’s apartment sale price on December 15, 2016, and wired 27,000,000 won to the Defendant on August 6, 2018, the Defendant claimed that the Defendant lent 50,219,905 won in total to the Defendant by transferring 27,00,000 won to the Defendant, while the Defendant received a donation of some money from the Plaintiff who had a relationship with the Plaintiff, the Defendant did not have borrowed the money from the Plaintiff.

According to the evidence evidence Nos. 1 through 4, the Plaintiff may be found to have remitted the total amount of KRW 5,958,905 to the deposit account in the name of C from July 15, 2016 to July 16, 2018, the total amount of KRW 17,261,000 to the deposit account in the name of C on December 15, 2018, and KRW 27,000,000 to the deposit account in the name of the Defendant on August 5, 2018. However, according to the above legal principles, the above fact of recognition alone is alone.