1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. According to the evidence Nos. 1 and 2 of the judgment as to the cause of the claim, the plaintiff deposited KRW 50 million in the defendant's account on October 9, 2006.

The plaintiff asserts that on October 9, 2006, he lent 50 million won to the defendant on October 8, 2008 with interest rate of 5% per annum.

According to the evidence No. 1, the plaintiff transferred KRW 50 million to the defendant on October 9, 2006, but the following circumstances the plaintiff is the defendant, i.e., the plaintiff, who was living together with the defendant at the time of time and transferred money several times, including the above KRW 50 million, to the defendant, and the plaintiff did not receive a loan certificate for some of the above KRW 50 million. In light of the fact that the above fact of recognition alone is insufficient to recognize that the plaintiff lent the above KRW 50 million to the defendant, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion is without merit.

2. As such, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.