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1. The plaintiff's appeal is 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.
Reasons
1. Basic facts (1) on March 28, 2012, the Plaintiff transferred KRW 10,000,000 to the Agricultural Cooperative Account under the name of representative director C of the Defendant Company.
② On December 27, 2012, the Plaintiff transferred KRW 6,000,000, and KRW 4,000,000 on January 19, 2013, respectively, to the account in the name of Defendant Company D’s accounting.
③ On May 7, 2013, the Plaintiff transferred KRW 4,000,000 to the Defendant Company’s account under the name of the Defendant Company, and the Plaintiff’s wife KRW 4,000,000 to the Defendant Company’s account on May 28, 2013.
④ The Plaintiff asserted that he/she lent the money transferred as above to C, and filed a lawsuit against C claiming a loan with this court 2016 Ghana5429, which was dismissed on October 20, 2016.
The Plaintiff appealed from this Court 2016Na3691, but was rendered a judgment dismissing the appeal on April 27, 2017, and the above judgment became final and conclusive around that time.
[Reasons for Recognition] Facts without dispute, Gap 1, 2 evidence, Eul 1 and 2 evidence, each of 1, 2 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. In a case where a transfer is made by transferring money to another person’s deposit account, such 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 there was the intent of the parties to a loan for consumption (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was made with respect to a loan for consumption cannot be readily concluded (see Supreme Court Decision 2012Da30861, Jul. 26, 201
(See Supreme Court Decision 2014Da26187 Decided July 10, 2014). We examine the instant case based on such a legal doctrine.
A. The Plaintiff asserts that the Plaintiff transferred KRW 10,000,000 to C by transferring the amount of KRW 10,000,000 to the head of the Tong under the name of C upon the request of the representative director of the Defendant Company C, who is the representative director of the Defendant Company.
Part of the evidence Nos. 1, 2, and 4 shall be 10,000,000.