beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. The plaintiff asserted that the plaintiff lent 20,000,000 won to the defendant on October 28, 2006, and 20,000,000 won on November 4, 2006, and 10,000,000 won on November 25, 2006, and 10,000,000 won on October 10, 207, and 10,000 won on April 4, 2007, and 10,000,000 won on June 4, 2007, and 5,00,000,000 won on September 6, 2007, and 8,005,000 won on loan and delayed payment from the defendant. The defendant was obligated to pay the loan from the defendant to the plaintiff.
B. The Defendant alleged that the Defendant operated C store, which is an agency of “C” that sells medical devices, etc. from around 2006 to around 2007. The Plaintiff, who was in charge of the vice president of the “C”, offered the Defendant a proposal to operate the public relations office and used the funds to receive the funds of KRW 70,000,000, and used the funds to operate the public relations office. The Defendant borrowed KRW 5,000,000 from the Plaintiff on September 6, 2007, but borrowed the funds of KRW 3,000,000 from the Plaintiff on November 2, 2007, and the same month.
3. A reimbursement of KRW 2,00,000, total of KRW 5,000,000 was made.Familyly, even if the amount claimed by the Plaintiff is a loan, the Plaintiff’s claim on the loan was extinguished with the lapse of commercial prescription period.
2. Determination
A. We examine whether the Plaintiff could have lent KRW 80,00,000 to the Defendant except for the above statement 5,000,000, which the Defendant led to a loan for consumption. In order to have the money paid due to the loan for consumption, the intent of both parties to make the loan for consumption must be satisfied at the time of the payment of the money. If the other party asserts the cause of the receipt of the money, the other party bears the burden of proving that it was received due to the loan for consumption. The Plaintiff merely claims that the above money was lent to the Defendant, but did not state the content of the loan for consumption, such as the due date for repayment, interest, etc., and at the time of the payment of the above money.