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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 March 3, 2006, the Defendant transferred KRW 6,000,000 to the bank account of the network C.
(b) The net C is the same year.
4. 21. The Defendant transferred KRW 30,000,000 to the Defendant’s bank account.
C. On July 26, 2007, the deceased C was killed and was his spouse as his or her spouse as his or her spouse as his or her property heir, and D was tried to accept the declaration of renunciation of inheritance as the court 2007Ra366.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff's assertion C borrowed KRW 6,000,000 from the defendant on March 3, 2006, and the same year
4. 21. 21. The Defendant is obligated to pay KRW 24,000,000,000 to the Plaintiff, who is the sole heir of the deceased C.
B. In around 2006, the Defendant asserted that he would receive construction payment from the E Company as the general manager and executor office of the Gangnam-gu Seoul Corporation (hereinafter “instant Corporation”). However, he could not issue a tax invoice, issued a tax invoice under the name of the network C, and then deposited the construction payment into the network C’s account, and then promised to receive it again.
Accordingly, even though E company remitted KRW 66,00,000 to the net bank account on April 21, 2006, the net C transferred KRW 30,000,000 among this, to the Defendant bank account. Thus, the Defendant should receive KRW 42,00,000,000 in total from the net C.
3. Determination
A. Even if there is no dispute as to the fact that there is an amount of money between the parties, the cause that the Plaintiff received is a loan for consumption, and if the defendant asserts that it was received due to a loan for consumption, the plaintiff bears the burden of proving that it was received due to the
(See Supreme Court Decision 72Da221 delivered on December 12, 1972, etc.). B.
The net C transferred money to the Defendant on April 21, 2006.