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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion asserts that, upon the Defendant’s request, the Plaintiff loaned KRW 65,850,000 in total over several times from February 20, 2012 to January 17, 2013, the Defendant is liable to pay the said money and damages for delay.
The defendant asserts that, around November 201, the plaintiff was given money from the plaintiff while attending the plaintiff for the first time with the plaintiff and did not borrow money from the plaintiff.
B. The judgment of a loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such kind, quality, and quantity as such (Article 598 of the Civil Act). As such, there must be an agreement between the parties as to the above point (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). The burden of proving the conclusion of a loan for consumption in a lawsuit claiming the return of a loan for repayment of a loan
(2) The Plaintiff asserts to the Plaintiff that the remittance was made on the grounds of a loan for consumption, such as a loan for consumption, a donation, and a repayment, in the event of a transfer of money to another person’s deposit account, etc. (see, e.g., Supreme Court Decision 2013Da12280, Jun. 14, 2013). However, inasmuch as the transfer of money to another person’s deposit account may be based on various legal causes, such as a loan for consumption, a loan for consumption, a repayment, etc., the mere fact that such transfer was made cannot be readily concluded that the parties to a loan for consumption have jointly agreed to the intent of a loan for consumption (see, e.g., Supreme Court Decision 2012Da3086
(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). In light of the foregoing legal doctrine, the fact that the Plaintiff paid a total of KRW 65,850,000 to the Defendant several times is without dispute between the parties, and the number of evidence Nos. 1 and 2 is below.