1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The parties' assertion

A. On March 8, 2017, the Plaintiff borrowed KRW 10 million from the Plaintiff as of August 8, 2017 (hereinafter “the instant loan”). At the time, the Defendant agreed to pay interest calculated at the rate of 25% per annum on the principal amount by deducting KRW 600,000 as the interest interest at the time, but only paid interest or delay damages payable at around October 2017 (hereinafter “the instant loan agreement”), and subsequently unpaid interest and principal amount.

Therefore, the Defendant is obligated to pay the Plaintiff the interest rate of KRW 10 million and the interest rate of KRW 24% per annum from November 8, 2017 to the date of full payment.

B. On March 8, 2017, the Defendant borrowed KRW 10 million from C, other than the Plaintiff, and, upon C’s request, transferred the sum of KRW 4.4 million to the Plaintiff’s account under the name of the Plaintiff as agreed upon or late payment damages from March 19, 2017 to October 7, 2017, and transferred KRW 10 million on December 6, 2017 to the Plaintiff’s account under the name of D as repayment of the leased principal. Since the obligation to borrow the principal and interest of the instant case was extinguished by full repayment, the Plaintiff’s request for the payment must be dismissed.

2. Determination

A. In case of remitting money to another person's deposit account, etc., the remittance can be based on a variety of legal causes, so the claimant has the burden of proving that the remittance is a loan under a contract for a loan for consumption of money with the person who receives the money.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014 and Supreme Court Decision 2017Da37324 Decided January 24, 2018, etc. (see, e.g., Supreme Court Decision 2017Da37324, Jan. 24,

(1) Comprehensively taking account of the overall purport of the pleadings in each of the statements set forth in Gap evidence Nos. 1 through 4 (including paper numbers), the plaintiff remitted KRW 9.4 million to the defendant's account on March 8, 2017, and the defendant extended eight times from March 19, 2017 to October 7, 2017.