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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. On October 12, 2015, the Plaintiff lent KRW 35 million to the Defendant. As such, the Defendant is obligated to pay the said loan and its delay damages to the Plaintiff.
B. On March 15, 2015, the Defendant, as a construction business operator, was contracted with C and her husband D to perform the “F store” interior decoration work in Yangsan-si. On October 12, 2015, the Defendant asserted that D’s request for payment of the remaining construction cost should be completed with the remainder of the sound equipment, etc. around October 12, 2015, and D should receive KRW 35 million from the Plaintiff, and it is merely received from the Plaintiff as the remainder of the construction cost, and thus, it cannot accept the Plaintiff’s request.
2. Determination
A. The fact that the Plaintiff remitted KRW 35 million to the Defendant’s account on October 12, 2015 does not conflict between the parties, or that it may be recognized by the statement of evidence A1.
B. However, when the defendant contests the plaintiff's assertion that there was no dispute between the parties as to the fact that money was received, the party bears the burden of proof as to the loan.
(See Supreme Court Decisions 72Da221 Decided December 12, 1972; 2014Da26187 Decided July 10, 2014, etc.). (C)
In this case, although the plaintiff alleged that he lent the above money to the defendant, the plaintiff did not fully state the terms of the loan contract for consumption, such as the due date for payment of the money and interest, and there is no other objective data to deem that there was an agreement with the intent to lend the above money at the time of payment of the loan certificate, etc. ③ The plaintiff paid the interest of KRW 1,50,000,000,000,000 to the defendant was not the defendant's account but C account, but it is difficult to deem that the defendant paid the interest. ④ D, the contractor, as a witness in this court, has taken an oath, and thereafter the plaintiff has the ability.