Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

A. The plaintiff's assertion has a duty to pay 16,30,000 won and damages for delay to the plaintiff, upon the defendant's request, since the plaintiff remitted the above money to the bank account under the name of the defendant, and the defendant is obligated to pay 16,30,000 won and damages for delay.

B. Determination: (a) the Plaintiff’s bank account in the name of the Defendant amounting to KRW 6,300,000 on October 1, 2017; and (b) the same month.

3. The fact that the account was remitted of 16,300,000 won in total shall be subject to no dispute between the parties.

However, in cases of remitting money to another person’s deposit account, etc., the remittance may be made based on a variety of legal causes. Therefore, it cannot be readily concluded that there was an intention of the party to a loan for consumption solely on the fact that such remittance had been made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). Even if there was no dispute as to the fact that the parties had been able to borrow money between the parties, the Plaintiff’s assertion that the lending was made has the burden of proof against the Plaintiff who asserted that the lending was made.

(2) In light of the legal principles as seen earlier, the Plaintiff and the Defendant stated that the Plaintiff was requested to lend money from the first C as the seat of the Defendant’s spouse, i.e., the Plaintiff and the Defendant’s loan relationship, such as a loan certificate, without any assertion as to the specific terms and conditions of the loan, repayment period, interest agreement, etc., the Plaintiff did not appear to have urged the Defendant to pay the principal or interest, and the Defendant’s money transferred from the bank account under the name of the Defendant to the bank account under the Defendant’s name was received upon CD’s request.