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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Determination as to the cause of claim
A. (1) A) The Plaintiff loaned KRW 10,00,000 to the Defendant on June 8, 2010, and KRW 10,000,000 on July 28, 2010 at each interest rate of 30% per annum; the Plaintiff decided to lend KRW 5,00,000 to the Defendant on May 30, 2012 at the annual interest rate of 30%; and the Plaintiff actually paid KRW 4,750,000, which was calculated by deducting KRW 250,000 from the prior interest for two months, does not conflict between the parties, or was paid KRW 2,3 (including each number; hereinafter the same shall apply).
(2) The Plaintiff asserts that even October 31, 201, the Defendant lent KRW 10,000,000 to the Defendant.
The plaintiff's account transfer of KRW 10,000,000 to the defendant on October 31, 201 is not a dispute between the parties.
However, in cases of remitting money to another person’s deposit account, etc., the remittance may be made based on a variety of legal causes (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Thus, even if there is no dispute as to the fact that money was given and received between the parties, when the defendant contests the plaintiff’s assertion that the lending was made, the party bears the burden of proving that the lending was made (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24, 2018). In light of the following circumstances where the purport of evidence evidence No. 2 and the entire argument can be known, evidence No. 3 alone is insufficient to recognize that the Plaintiff’s above KRW 10,00,00,000, which was transferred to the Defendant on Oct. 31, 2011, was lent to the Defendant, and there is no other evidence to acknowledge it.
① The Plaintiff is unable to submit a document of disposition, such as a loan certificate, etc., written on KRW 10,000.
On May 30, 2012, the Plaintiff prepared a loan certificate of KRW 5,00,000 to the Defendant at the time of lending, and keeps it up to the present day. The above is larger than 10,000.