1. The plaintiff's claim is dismissed.

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

From January 9, 2019 to February 7, 2019, the Plaintiff lent a total of KRW 157,55 million to the Defendant by means of remitting KRW 50,500,000,000 to the Defendant, and the Plaintiff was paid KRW 53,500,000 out of the said money by means of remittance. Therefore, the Plaintiff asserted that he/she is liable to pay the difference, i.e., KRW 97,00,00,000 and damages for delay thereof, and the Defendant asserts that upon C’s request, he/she did not borrow money from the Plaintiff without knowing

According to the statement in Gap evidence No. 2, the fact that the plaintiff remitted 157 million won to the defendant's account under the name of the defendant can be recognized.

However, in a case where money is transferred to another person’s deposit account, the remittance may be made pursuant to various legal causes, such as loan for consumption, donation, repayment, etc. (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). Therefore, it cannot be readily concluded that the money transferred solely from such remittance is a loan, and the party asserting that the money was a loan bears the burden of proving the fact of loan. There is no additional evidence to acknowledge that the money transferred as above in this case is a loan.

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.