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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From June 8, 2015 to April 10, 2017, the Plaintiff wired total of KRW 55,000,000 to the deposit account in the Defendant’s name on eight occasions as follows.
Serial 10,000,000 on the date of remittance on November 16, 2015, 2015, 10,000 on 08. 01. 01. 5,000,000,000 on November 18, 2015, 18, 200,000 on 4, 2016. 10,000,000 on 5,00,000 on 5,00,00,00 on 5,00,00,00 on 6, 200 on 16, 2017; 00,000,007 on 0,007; 5,000,000,000,000 on August 10, 2017; 10,005,05 or more of the pleadings [the purport of the entire pleadings]
2. The plaintiff alleged by the parties, around June 2015, the defendant, at the same place where the plaintiff and the company employees work together with the plaintiff, stated that "if he/she lends money to his/her own person, he/she will pay interest at 3% per month." The plaintiff did not prepare the defendant's letter of trust and trust, and did not lend it to the defendant by means of remitting the sum of KRW 5,000,000 to the deposit account in the defendant's name from June 8, 2015 to April 10, 2017, and thus, the defendant is obliged to pay the above loan to the plaintiff.
The defendant received KRW 55,00,000 from the plaintiff as stated in the above basic facts, but this is merely a remittance of KRW 55,00,000 from the plaintiff to C upon the plaintiff's request to make an investment in money to C operating a bond business, etc. and delivered KRW 55,00,000 as it is for the plaintiff's investment. In fact, the plaintiff was paid KRW 21,30,000 as interest for KRW 55,00 from July 8, 2015 to May 25, 2017. Thus, the plaintiff cannot be deemed to have lent the above KRW 55,00,00 to the defendant.
3. Determination
A. Even if there is no dispute over the fact that the parties involved in the relevant legal principles paid money, the plaintiff asserts the cause of the receipt of money as a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff is responsible to prove that it is a loan for consumption.