1. The plaintiff's appeal is all dismissed.

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

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

1. The assertion and judgment

A. (1) The parties’ assertion (1) At the Plaintiff’s request for Defendant B’s lending, the head of Tong under Defendant C’s name KRW 5 million on November 15, 2017, KRW 100 million on December 3, 2017, and the same month.

6. A loan of KRW 8 million in total is extended to KRW 2 million.

Therefore, the defendants are jointly and severally liable to pay 8 million won and damages for delay to the plaintiff.

(2) Defendant B entered into a provisional agreement with the Plaintiff on November 2017 and received the said money as costs necessary for Defendant B’s activities.

Therefore, the defendants are not obligated to pay to the plaintiff.

B. In the event of a transfer of money to another person’s deposit account, the transfer may be made based on various legal causes, such as a loan for consumption, a donation, and a repayment. Therefore, the mere fact that such transfer was made cannot be readily concluded that the parties to a loan for consumption had the intent to agree on the loan for consumption (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that the transfer was made with such intent is the Plaintiff asserting that the transfer was made based on the loan for consumption.

(See Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). C.

Judgment

According to the above legal principles, the plaintiff transferred a total of eight million won to the head of the Tong in the name of the defendant C upon the request of the defendant B.

However, in light of the following circumstances, it is insufficient to view that the Plaintiff lent the above eight million won to the Defendants solely based on the above facts acknowledged and other evidence submitted by the Plaintiff, and there is no other evidence to acknowledge otherwise.

Therefore, the plaintiff's assertion is without merit.

① After the transfer of the above eight million won, the Plaintiff and the Defendants shall be subject to any loan certificate related to the said money.