1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. A. Around July 2016, the gist of the Plaintiff’s assertion C introduced to the Plaintiff the Defendant who is in the partnership with the gas station. On September 28, 2016, the Plaintiff lent KRW 39.9 million to the Defendant without due date or interest.

B. The summary of the defendant's assertion is that the defendant borrowed the business funds of the gas station prior to the towing, and help the operation of the gas station.

In spite of lending some of the loans to the former C, it was imposed penalty on the oil supplier by misunderstanding the oil supplier.

The defendant only received the above loan from C who managed the plaintiff's passbook, and there is no way to borrow money from the plaintiff who does not have any way to do so, and there is no reason to borrow money.

2. Determination

A. Where a remittance is made by transferring money to another person’s deposit account, etc., the remittance may be made based on various legal causes. In order for the remittance to be recognized as a loan, it must be proved that the money was paid under a loan for consumption, and the burden of proof is borne by the claimant.

B. However, in light of the following circumstances acknowledged by the purport of the entire pleadings as to evidence Nos. 1 and 1, the evidence submitted by the Plaintiff alone is insufficient to acknowledge the fact that the Plaintiff concluded a loan for consumption with the Defendant or the Defendant as a party to C and lent the money, and there is no other evidence to acknowledge it otherwise.

Therefore, the plaintiff's assertion is not accepted.

① On September 26, 2016, the Plaintiff, who was in a relationship with Pyeongtaek C, required C to manage his/her passbook of the community credit cooperatives by entrusting C with the management thereof.

(E) On September 26, 2016, the head of the Tong re-issued and his seal impression changed. On September 28, 2016, 2016, the Plaintiff’s name was replaced by KRW 69,965,000. On September 28, 2016, C was deposited out in cash, and KRW 30,000,000,000 is paid out in cash, and KRW 39,99,00 is a national bank under the name of the Defendant.