1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On January 20, 198, the defendant established a medical welfare facility for the aged under the Social Welfare Services Act for its business purpose, such as the establishment and operation of medical welfare facility for the aged, and has established and operated the C medical care center for the aged under the same Act and the Welfare of the Aged Act.

B. Meanwhile, the Plaintiff served as the director of the C Care Center from January 201 to October 2013.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Main assertion;

A. The Plaintiff asserts that, since the Plaintiff loaned a total of KRW 38,880,000 to the Defendant from January 20, 2012 to December 31, 2012, the Plaintiff should recover the remainder of KRW 33,280,000 after deducting KRW 5,60,000 which was already paid from the Defendant’s loan 38,880,000, and the delay damages therefrom.

In this regard, the defendant asserts that there is no lending fact as alleged by the plaintiff.

B. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, has the burden of proving that the loan was lent to the plaintiff.

(Supreme Court Decision 72Da221 Decided December 12, 1972, and Supreme Court Decision 2014Da26187 Decided July 10, 2014). According to the Plaintiff’s evidence No. 7, the fact that the Plaintiff remitted KRW 23,880,000 from the bank account under the Plaintiff’s name of the Plaintiff to the bank account of the said E-care source from January 19, 2012, as indicated in the following table, to the bank account under the name of the E-care source (F), and KRW 15,00,000 from January 20 to December 31, 2012.

The remittance amount of the remittance date shall be KRW 1,500,000,000 on January 19, 2012, 2012; KRW 1,500,500 on April 10, 2012; KRW 1,500,500 on April 13, 2012; KRW 14,500,000 on May 14, 2012; KRW 20,000 on December 27, 2012; KRW 38,880,00 on a total of KRW 40,00 on December 31, 2012; provided, however, the above facts of recognition and evidence No. 2; and subparagraph 8,000 on the statement provided for in subparagraph 8.