1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Plaintiff borrowed and used the national bank C account in the name of the Defendant.

B. From the above national bank account, KRW 38,00,000,000, both of the amount of KRW 20,000,000 on May 2, 2017 and the amount of KRW 18,00,000 on May 3, 2017, was transferred by account transfer from the aforementioned national bank account to another national bank account under the name of the Defendant.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1-1 and 1-2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff lent the above money to the defendant. Thus, the defendant asserts that the defendant is obligated to pay the above loan 38,000,000 won to the plaintiff and damages for delay from May 4, 2017 to the date of full payment. The defendant asserts that the plaintiff was donated by the plaintiff among the parties related with the plaintiff.

In the event of a transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, it cannot be readily concluded that there was the intent of a party to a loan for consumption solely on the fact that such transfer was made. The burden of proving that the transfer was made based on a loan for consumption has the burden of proving that the transfer was made based on a loan for consumption.

As seen earlier, the fact that money was transferred from the Plaintiff’s account used by the Plaintiff to the Defendant’s account is recognized, but it is insufficient to recognize that the Plaintiff and the Defendant entered into a monetary loan contract as alleged above only by the fact of recognition and the evidence submitted by the Plaintiff. There is no other evidence to

Therefore, the plaintiff's assertion is without merit.

3. The plaintiff's claim is dismissed.