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The judgment of the first instance shall be revoked.
The plaintiff's claim is dismissed.
All costs of the lawsuit shall be borne by the plaintiff.
purport.
Reasons
The plaintiff's assertion by the parties concerned lent a total of KRW 30,000,000 to the defendant from November 17, 2014 to November 21 of the same year.
Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and damages for delay.
The Defendant’s assertion that the amount the Defendant received from the Plaintiff was not a loan, but an investment in C Hospital Remodelling Corporation. Therefore, the Plaintiff is not obligated to pay the said amount.
2. In case of remitting money to another person’s deposit account by means of a transfer, etc., the remittance may be based on a variety of legal causes. As such, the claimant has the burden of proving that the remittance is a loan under a monetary loan contract with the person who receives the money.
(2) The Plaintiff’s transfer of KRW 30,00,00 to the account held in the name of the Defendant does not dispute between the parties, but the Defendant’s transfer of the money received from the Plaintiff to the account held in the name of the Defendant is not a loan but an investment loan. The following circumstances acknowledged by the record in the instant case where the Plaintiff asserted that the money received from the Plaintiff was not a loan loan. In other words, there is no assertion or proof as to whether the Plaintiff and the Defendant made a loan or agreed on the interest or the due date of payment, and ② the Plaintiff did not explain the reasons for the repayment of the loan in the instant case, while having received KRW 5,00,000 from D, and the Plaintiff did not explain to the Plaintiff as to the payment of the loan in the instant case. In light of the above, there is insufficient evidence to acknowledge that the Plaintiff and the Defendant entered into a loan contract as alleged by the Plaintiff and the Defendant, and that the said money was paid as a loan under the loan loan contract.
3. In conclusion, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is unfair in conclusion.