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

The purport of the claim and appeal is the purport of the appeal.

A. The Plaintiff was in de facto marital relationship with the Defendant from June 15, 2014 to March 2016.

B. During the de facto marriage period, the Defendant opened an account for self-reliance deposit in C with the purpose of managing the Plaintiff’s living expenses. On April 29, 2015, the Plaintiff deposited KRW 20,000,000 to the said account.

C. On May 27, 2015, the Defendant leased a building located in Jinju-si D for the purpose of operating the four-day shop, and paid the said KRW 20,000,000 as a deposit for lease.

[Reasons for Recognition] Facts without any dispute, Gap's 1, 3, Eul's 2, the purport of the whole pleadings and arguments

2. The assertion and judgment

A. The plaintiff asserted that the plaintiff lent KRW 20 million to the defendant as the deposit money for the lease of the building to operate the four-day shop. Thus, the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.

B. In a case where a person transfers money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as loans for consumption, donations, and repayment, and thus, it cannot be readily concluded that there was an agreement among the parties to a loan for consumption solely on the sole basis of the fact that such remittance was made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such an agreement was jointly made is the Plaintiff asserting that the remittance was made based on the loan for consumption.

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014, the Plaintiff remitted KRW 20,000 to the Defendant, and the Defendant paid the said money as a deposit when leasing a building for the operation of the four-day Partnership as seen earlier, and the following circumstances, which can be recognized by comprehensively taking account of the evidence and the overall purport of the pleadings, are as follows: ① objective evidence to acknowledge the fact of lending money between the Plaintiff and the Defendant, i.e., the document of borrowing money.