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 summary of the Plaintiff’s assertion lent to the Defendant a total of KRW 60 million on March 18, 2009, including KRW 24 million, and KRW 36 million on May 21, 2009. The Defendant paid only KRW 20 million on August 25, 2010, including KRW 10 million on the date and KRW 10 million on the date.

Therefore, the Defendant is obliged to pay 68,150,000 won in total, including the loan of 40 million won and interest of 28,150,000 won during the loan period to the Plaintiff.

B. Although the Defendant’s summary of the Defendant’s assertion had received money several occasions with the Plaintiff, such as remitting money to the Plaintiff, the Defendant did not borrow money as alleged by the Plaintiff.

2. Determination

A. In a case where a transfer is made to another person’s deposit account, etc., such transfer may be made based on a variety of legal causes. As such, the fact that the amount transferred by the plaintiff to the defendant is a loan under a monetary loan contract must be proved by the plaintiff who asserts that the amount

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). Likewise, even if there is no dispute over the fact that an exchange of money between the parties was made between the parties, the Plaintiff is liable to prove the fact of lending to the Plaintiff who claimed the lending, when the Defendant contests the Plaintiff’s assertion that the lending was made

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.

According to Gap evidence No. 1 (including virtual number; hereinafter the same shall apply), it is recognized that the plaintiff deposited the amount of KRW 24 million to the defendant's account on March 18, 2009 and KRW 36 million on May 21, 2009.

However, in full view of the following facts and circumstances acknowledged by adding up the purpose of the entire pleadings to the statement No. 1 of the evidence, it is difficult to readily conclude that the said money is a loan, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim cannot be accepted.

① In addition to KRW 20 million, the Plaintiff was paid out by the Defendant, as well as the Defendant’s 20 million won.