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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff and the defendant are the children of the network C. At the request of the defendant, the plaintiff lent KRW 19,54,00 to the bank account in the name of the defendant from October 15, 2004 to April 28, 2006, 19,54,000, and KRW 190,937,90 to the bank account in the name of the defendant's spouse from November 11, 2004 to April 17, 2019, respectively, to the defendant 210,481,90 won (=19,54,000 won), as shown in the attached list, as stated in the defendant's list.
(A) The Plaintiff entered the completion period of transfer from D to D’s bank account in 2015, but it is apparent that the Plaintiff is a clerical error in light of the attached list and the evidence No. 1-5 on the attached list. Therefore, the Defendant is obliged to pay the Plaintiff the above KRW 210,481,90 and the delay damages therefrom.
2. Determination
A. The Plaintiff’s assertion that the Defendant lent money to the parties even if there was no dispute as to the fact that the money was given and received between the parties, has the burden of proof as to the fact of lending to the Plaintiff.
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.
The Plaintiff and the Defendant have transferred KRW 19,544,00 over 20 times to the bank account in the name of the Defendant from October 15, 2004 to April 28, 2006, and KRW 190,937,900 over 162 times to the bank account in the name of the Defendant’s spouse from November 11, 2004 to April 17, 2019, respectively, as shown in the attached list, as between the Plaintiff and the Defendant’s children, or from October 15, 2004 to April 28, 2006.
However, the following circumstances are revealed in the above facts: (a) the period during which the Plaintiff claims that the Defendant lent the money to the Defendant is long-term from October 15, 2004 to April 17, 2019; (b) there is not only the materials that the Defendant requested the Plaintiff to borrow money, but also the materials that the Plaintiff may know that the Defendant requested the Plaintiff to borrow money.