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

Purport of claim and appeal

The first instance court.

A. Defendant B was a representative business entity of a multi-level company that engages in the sales business of imported goods on the second floor of Gangnam-gu Seoul Metropolitan Government DD Building with the trade name "E".

B. Around May 1, 2008, Defendant B recommended the Plaintiff to purchase KRW 10,00 per share of “F” holding 10,000 per share of “F,” which is required to pay a higher level, and the said F shares were listed on the U.S. securities market and traded at USD 1.5 to USD 1.6 per share. Thus, Defendant B deceiving the Plaintiff to the effect that USD 10 per share will be able to receive a little amount of USD 10 per share at around 2015.

C. Around May 1, 2008, the Plaintiff was prepared and delivered a written request for security for share swap from Defendant B (Evidence A No. 1) and transferred KRW 20,000,000 to the account under the name of Defendant C, the husband of Defendant B, around May 2, 2008 on the following day.

However, as a result of checking the authenticity of the F sovereignty that the Plaintiff received from the Defendant, the Korea Stock Exchange, the Korea Securities Depository, etc., it was given an answer to the effect that there is no institution that trades or manages stocks issued in a foreign country and there is no institution that administers them in the Republic of Korea.

E. Thus, the defendants are jointly and severally liable to pay the plaintiff 20,000,000 won and damages for delay caused by a loan or a tort caused by a fraud to the plaintiff.

2. Determination

A. In a case where a remittance was made to another person’s deposit account to determine a claim for a loan, the remittance can be made based on various causes, such as loan for consumption, donation, repayment, and simple delivery. Thus, even if there is no dispute between the parties as to the fact that the money is received, the plaintiff asserts that the cause of the receipt of the money is a loan for consumption, while the defendant asserts that it was received as a loan for consumption if it is