The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. The fact that the Plaintiff remitted total amount of KRW 31,00,000 (hereinafter “the instant money”) to the Defendant’s account on May 20, 2019, KRW 5,500,000, KRW 9,000 on May 27, 2019, KRW 1,500,000 on May 30, 2019, and KRW 31,000,000 on June 15, 2019 (hereinafter “the instant money”) may be recognized by adding the entire purport of the pleadings to the items in subparagraphs 1 and 2.

2. The assertion and judgment

A. The gist of the parties' assertion argues that the funds in this case are loans and sought the return thereof against the defendant. The defendant paid the purchase price in order to invest the funds in this kind of virtual currency, and it was sent to the plaintiff's e-mail by purchasing virtual currency and transmitting them to the plaintiff's e-mail.

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B. The fact that constitutes the requirement that generates the right to judgment bears the burden of proof to the claimant, unless there are special circumstances.

Therefore, when the Defendant contests the Plaintiff’s assertion that he lent money, the burden of proof for the fact of the lending is asserted against the Plaintiff (see, e.g., Supreme Court Decisions 2018Da42538, Jul. 25, 2019; 2017Da37324, Jan. 24, 2018). As to the fact that the instant money is a loan that is not an investment bond or a purchase fund of virtual currency, there is insufficient evidence to acknowledge it solely on the basis of the respective descriptions of evidence No. 2, No. 3-1, 2, and 3, and there is no other evidence to acknowledge it.

Rather, in full view of the aforementioned evidence, evidence Nos. 2 and 3 evidence, and the purport of the entire pleadings, there are doubtful circumstances to regard the instant money as loans as follows.

First, on June 18, 2019, the Defendant remitted KRW 2,920,00 to the Plaintiff. While the Plaintiff asserts that the said amount is interest, the Defendant asserts that the said amount is a profit from the investment. However, if the said amount is interest, it is necessary to explain what agreements were made between the parties on the interest rate and the due date.