The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal are the judgment of the first instance.

1. Basic facts

A. The Plaintiff and F are simplified, and the Defendants are mother and child between mother and child.

B. From September 3, 2015 to November 1, 2016, KRW 390,632,385 total sum was transferred from the Plaintiff’s account under the name of the Plaintiff to the D bank account (hereinafter “instant account”) in the name of the Defendant C (hereinafter “the instant remittance amount”), as shown in the attached Table, on a total of 98 occasions (hereinafter “9,632,385”) (hereinafter “the instant money”), / [founded grounds for recognition”)] without any dispute. The fact that there is no dispute over the instant remittance amount, each entry in the evidence Nos. 1 and 5, part of the witness F of the trial witness, and the purport of the entire pleadings.

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion was related to defendant B's transaction with the defendant B.

Upon F’s request, the instant money was lent to the Defendants.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff the instant money borrowed from the Plaintiff and the delayed damages therefrom.

B. The summary of the Defendants’ assertion was F lending the name of the Plaintiff, who was his punishment, and Defendant B is an employee of G Co., Ltd. who is his business partner.

The instant money is merely a price for goods received by Defendant B while engaging in goods transaction with F, not a loan.

Even if the nature of the above money is the loan, the parties to the loan contract with the Defendants are F, not the Plaintiff.

3. Determination

A. On the premise of determination, the nature of the instant money is a loan under a monetary consumption lending contract, and if it is recognized that a monetary consumption lending contract was concluded, the lender bears the burden of proving that the Plaintiff is the Plaintiff.

B. In light of the following circumstances, the evidence mentioned earlier and the evidence set forth in Gap evidence No. 2 added to the overall purport of pleadings, the evidence presented by the plaintiff alone proves that "where it is deemed that a monetary consumption lending contract with the defendants was concluded, the lender is the plaintiff" and "where it is deemed that the monetary consumption lending contract with the defendants was concluded, the lender is the plaintiff."

§ 23.