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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 asserted that the Plaintiff lent a total of KRW 32,450,000 to the Defendant from November 14, 2008 to March 20, 209.
The defendant is liable to pay the above amount to the plaintiff 32,450,000 won and damages for delay, regardless of the plaintiff's continued request.
2. Determination
A. When there is a dispute between the parties as to the nature of the given amount, the plaintiff who seeks the return shall be responsible to prove it actively.
B. In this case, according to the overall purport of Gap evidence Nos. 1, Eul evidence Nos. 2, Eul evidence Nos. 4, and Eul evidence Nos. 1 (including each serial number), the plaintiff withdrawn KRW 4,00,000 on Nov. 14, 2008; ② the plaintiff remitted KRW 26,000,00 to the defendant on Nov. 18, 2008; ③ the plaintiff was loaned KRW 30,000 from the Industrial Bank of Korea on Mar. 9, 2009 to the defendant; and thereafter remitted KRW 30,000,000 to the defendant on Mar. 10, 209; and ④ the plaintiff received KRW 30,000,000 from the defendant on Nov. 28, 2008; and ④ the plaintiff received KRW 30,00,000 on May 30, 209, 2005.
C. However, in light of the following circumstances recognized by the purport of each of the above evidence and the entire pleadings, it is insufficient to recognize that the Plaintiff lent KRW 32,450,00 to the Defendant only with each of the above facts of recognition and the statement of Gap evidence Nos. 1 through 5 (including each of the numbers), and there is no other evidence to prove otherwise.
1) The Plaintiff did not prepare a loan certificate while remitting it to the Defendant as above, and did not set the due date or interest, etc. 2) there is no evidence to prove that the Plaintiff was paid KRW 4,000,000, which was withdrawn on November 14, 2008 by the Plaintiff, to the Defendant.
3. A loan of KRW 30,000,000 from the Industrial Bank of Korea on March 9, 2009 to the defendant.