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

Purport of claim and appeal

1..

A. G, a spouse of the Plaintiff’s assertion, lent a total of KRW 70,000,000 to the Defendant several times, and received reimbursement of KRW 10,00,000 among them from the Defendant.

After that, G died on March 12, 2013, the Plaintiff succeeded solely to the loan claims against the Defendant by the deceased G (hereinafter “the deceased”).

Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 60,000,000 and damages for delay.

B. Determination 1) Where the parties concerned fail to prepare a contract or loan certificate and it is unclear whether the act of transfer of money by the deceased was subject to a monetary loan for consumption, it shall be reasonably interpreted in accordance with logical and empirical rules, and the common sense of society and the common sense of transaction, taking into account all the circumstances such as the relationship between the parties, the process and motive of receiving money by means of account transfer, the parties’ purpose and true intention of transfer of money, transaction practices, etc. Meanwhile, even though there is no dispute as to the fact that the money is received between the parties, it is difficult to conclude that the Plaintiff received money by means of money loan for consumption, and the Defendant is liable to prove that it was received by the loan for consumption (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). 2)