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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 10, 2017, the Plaintiff: (a) transferred 4,500 bills to the Chinese bank account of C; (b) 80,000 bills to the Chinese bank account of D E on May 24, 2017; (c) 9,000 bills to the Chinese bank account of C on August 22, 2017; (d) 21,100 bills to the Chinese bank account of C on November 29, 2017; and (e) 500 bills to the Chinese bank account of F on December 19, 2017; and (e) transferred KRW 48,63,039,039,000 to the Chinese bank account of its own name (hereinafter referred to as “instant account”); and (e) transferred KRW 10,000 to the Chinese bank account of F on May 23, 2017; and (e) transferred KRW 10,010,08
B. On June 7, 2017, the Plaintiff transferred USD 20,000 to the Defendant’s account under the Defendant’s name, and transferred USD 25,000 to H Co., Ltd. around December 2017.
C. The Plaintiff terminated the instant account under one’s name and received KRW 77,344,135, and deposited KRW 80 million from the said account on January 10, 2018.
[Ground of recognition] Facts without dispute, Gap 2, 4, 5, 6, 8 (including each number), and the purport of the whole pleadings
2. Judgment on the plaintiff's assertion
A. The plaintiff's assertion 1) The plaintiff lent USD 115,100 to the defendant by means of transfer of an accusation, etc. to the Chinese company at the defendant's request. The plaintiff lent USD 25,00 to the defendant by means of transfer of a total of USD 148,663,039 to the account in the name of the plaintiff, and lent USD 20,000 to the defendant's account in the name of the defendant.
B. Even if there is no dispute between the parties to the judgment as to the fact that money has been received, if the cause of the receipt is disputed, the plaintiff is responsible to prove that it was received due to the loan for consumption.
(see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). The above evidence and each statement of evidence Nos. 1 through 10, which are acknowledged by adding the whole purport of the pleadings to the whole purport of the pleadings, namely, the following circumstances: