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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion was received by the defendant, the representative director of the Co., Ltd., to lend the above company's business funds to the defendant, who is the representative director of the Co., Ltd., and the plaintiff lent a total of KRW 30 million as shown below.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 30 million and damages for delay.
(1) The sum of KRW 6,00,000,000 paid in cash on July 8, 2012 by Plaintiffs 2,00,000 on March 28, 2012, to Defendant 1, the remitter of the lump-sum amount of KRW 4,000 on the payment of KRW 6,00,000 on December 27, 2012, 3200 on the payment of KRW 4,00,00 on January 29, 2013 to Plaintiff 4, 50,000 on May 7, 2013, 2013 to KRW 50,000 on May 7, 2013 to Plaintiff 6, 3,50,000 on May 7, 2013 to KRW 30,00 on the payment of KRW 700,00 on the payment of KRW 300,00 on the payment of KRW 300 (Plaintiff).
2. Determination
A. The plaintiff asserted that the loan claim 2 million won by Nos. 2 was lent to the defendant in cash, but there is no evidence to acknowledge this. Thus, the plaintiff's above assertion is without merit.
B. Even though there is no dispute as to the fact that there is a number of money between the parties with respect to the remaining claim of KRW 28 million in total, the plaintiff asserts that the cause of receipt is a loan for consumption, and the defendant asserts that the cause of receipt is a loan for consumption, and the plaintiff bears the burden of proving that it was received due to a loan for consumption.
(Supreme Court Decision 72Da221 Decided December 12, 1972). The Plaintiff remitted KRW 10,00,000 to the Defendant, the representative director of the CBA on March 28, 2012. The Plaintiff, on December 27, 2012, remitted KRW 6,00,000 to D, which is the accounting director of the CBA, on December 27, 2012; the Plaintiff remitted KRW 4,00,000 to D on January 29, 2013; the Plaintiff transferred KRW 4,00,000 to D on May 7, 2013; the Plaintiff transferred KRW 4,00,000 in total to CBA on May 7, 2013; the Plaintiff’s wife and the director of the CBA, who is a director of the CBA, did not have any dispute over KRW 31,00,00,00 among the parties concerned; or
However, the defendant did not borrow the above money from the plaintiff.