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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff asserts that a total of KRW 66,450,000 was lent to the Defendant from February 28, 2007 to July 15, 2010.
The evidence submitted in order to prove the cause of the claim in this part is that, from February 28, 2007 to November 25, 2008, a total of KRW 45,450,000, from the Plaintiff’s account, only the details of remittance from the Plaintiff’s account to the Defendant’s name account is known, and that, as alleged by the Plaintiff, the evidence No. 1, and No. 2, which is the fact-finding certificate of May 15, 2017, are known.
However, in the event of a transfer of money to another person’s deposit account, the transfer may be made based on various legal causes, such as a loan for consumption, a gift, and a repayment. Therefore, it cannot be readily concluded that there was an agreement between the parties to a loan for consumption, etc. solely on the sole basis of the fact that such transfer was made (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such an agreement has been reached is the Plaintiff claiming that such transfer was made based on a loan for consumption, etc.
(2) On October 17, 2018, the Plaintiff paid KRW 120,00,00 to the Defendant on November 16, 2016, and the notarial deed was prepared from October 30, 2008 to May 31, 2009 (Evidence 2), and the Defendant withdrawn an application for compulsory auction on the Plaintiff’s real estate on February 5, 2014 (Evidence 4). Further, in light of the fact that the Plaintiff’s application for compulsory auction on the Plaintiff’s real estate and withdrawn it (Evidence 4), the Plaintiff’s assertion that the details of transactions under subparagraph 1 transferred to the Defendant are insufficient to acknowledge the Plaintiff’s claim against the Defendant, and that the repayment amount is identical with the Plaintiff’s principal and interest on the loan, and there is no other evidence to acknowledge the Plaintiff’s claim against the Defendant on November 16, 2016.
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