1. The plaintiff's claim is dismissed.

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

1. The plaintiff's assertion

A. The Plaintiff: (a) around August 20, 207, at the request of C to lend 10,000,000 won to C on a yearly rate of 15%; and (b) on March 24, 2008, upon receiving a request from C, the Plaintiff loaned 50,000,000 won at interest rate of 15% per annum.

B. Since C died on June 21, 2017, the Defendant, the inheritor, is obligated to pay the total amount of KRW 150,000,000 and the unpaid interest thereon.

2. Determination:

A. Even if there is no dispute over the fact that money was given and received between the parties as to whether it constitutes a loan, the Plaintiff’s assertion that the loan was lent has the burden of proving that the Defendant asserted that the loan was lent.

(see Supreme Court Decision 2014Da26187, Jul. 10, 2014). Based on the foregoing legal doctrine, the fact that the Plaintiff transferred KRW 150,000,000 to the account in the name of C, as alleged by the Plaintiff, does not conflict between the parties.

However, the following circumstances are acknowledged by the overall purport of Gap's evidence Nos. 8, 9, 10, 17, Eul's evidence and Eul's evidence Nos. 3, 4, 5, and 19 (including each serial number), i.e., the plaintiff and Eul had several monetary transactions prior to the plaintiff's assertion, but the mortgage was created on part of the money transaction, and some of the money transaction was submitted as evidentiary material. On the other hand, in the case of the money transaction in this case, Eul did not present any evidentiary material, and C did not pay interest only on the borrowed money as of August 20, 207 until June 19, 2008, and interest on the borrowed money thereafter and interest on the borrowed money as of March 24, 2008.