1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

1. Determination as to the cause of claim

A. The Plaintiff asserts that on June 30, 2010, the Plaintiff is obligated to pay 10,000,000 won and damages for delay to the Plaintiff, since the Plaintiff leased KRW 10,00,00 to the Defendant at the interest rate of 27.9% per annum.

The defendant asserts that the plaintiff had a monetary transaction with the defendant's reference, and the defendant did not borrow the above money from the plaintiff.

B. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, has the burden of proving that the loan was lent to the plaintiff.

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015 (see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). According to the relevant legal principles, the Plaintiff’s transfer of KRW 10,000 to the Defendant’s deposit account on June 30, 2010.

However, it is not sufficient to recognize that there was a direct lending relationship between the Plaintiff and the Defendant with respect to the said money without objective data supporting the lending fact, such as the loan certificate or the payment of interest, etc., and there is no other evidence to acknowledge it.

The plaintiff's assertion is without merit.

2. The plaintiff's claim for conclusion should be dismissed for lack of reasonable grounds.

The judgment of the court of first instance is unfair on the grounds that the conclusion is partially different, and thus, the part against the defendant among the judgment of the court of first instance which accepted the defendant's appeal and dismissed the plaintiff's claim corresponding to the revoked part. It is