1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. The plaintiff's assertion made an investment of KRW 50 million from C Bank on December 17, 2007 with the defendant's inducement, which is a middle school alumni, and made a business with the defendant and the defendant as a partnership, that the defendant individually borrowed KRW 50 million from the second financial right on April 11, 2008, and then borrowed KRW 16 million from the second financial right on April 11, 2008, and then lent the above C Bank loans to the defendant by way of remitting or withdrawing the remaining KRW 56 million from the account under the defendant's name. The defendant sought payment of money as stated in the purport of the claim against the defendant.

B. The defendant's assertion does not have any fact of borrowing money from the plaintiff, and thus cannot respond to the plaintiff's claim.

Not only KRW 49.96 million remitted on December 17, 2007, but also KRW 48.933 million remitted on April 11, 2008, as well as the Plaintiff’s investment in the business operated as a partnership with the Defendant.

2. Determination

A. The burden of proving whether the lending contract was concluded between the borrower and the borrower is the party claiming the lending.

(See Supreme Court Decision 2015Da256732 Decided June 9, 2016). B.

On the same day, the Plaintiff borrowed KRW 50 million from C Bank on December 17, 2007 to C Bank account in the name of the Defendant, and transferred KRW 49.66 million from C Bank account in the name of the Defendant, ② on April 11, 2008, the Plaintiff deposited KRW 54,930,973 to D Bank account in the name of the Plaintiff on April 14, 2008, deposited KRW 6 million from the above account on April 14, 2008, and deposited KRW 48,930,000 from the above account on April 15, 2008 to the Defendant on April 15, 2008, and recognized the Plaintiff’s transfer from the above account to the Defendant’s bank account in the name of the Defendant on April 14, 2008 to KRW 48,939,000,000 to the Defendant on April 14, 2008.