The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

1. Purport of the claim.

1. The parties' assertion

A. The Plaintiff’s assertion asserts that the Defendant, while operating D and cafeteria as a partnership business, requested the Plaintiff to lend money due to insufficient funds, and that the Plaintiff, on February 15, 2012, remitted and lent KRW 10,000,000 to the Defendant, and that the Defendant is obliged to pay the Plaintiff the above loan amounting to KRW 10,000,000 and delay damages.

B. As to the defendant's assertion, the defendant claimed that the above KRW 10,000,000 was received from D having a relationship with the plaintiff to make an investment in the restaurant business, and the plaintiff did not lend it to the defendant.

2. Determination

A. In a case where a transfer is made to transfer money to another person’s deposit account, etc., 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, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was in accord with the intent of the parties to the loan for consumption is asserted to the Plaintiff that such transfer was made based on a loan for consumption.

(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). B.

Judgment

In full view of the records and the purport of the evidence No. 1 as to the instant case, the fact that the Plaintiff remitted KRW 10,000,000 to the account in the name of co-defendant C of the first instance court that the Defendant designates, as well as KRW 10,000,000, including the sum of KRW 7,000,000 on February 13, 2012, and KRW 3,000 on February 15, 2012.

However, the following circumstances acknowledged by comprehensively taking account of the partial descriptions of No. 2 and the overall purport of the pleadings, namely, ① the Plaintiff became aware of the Defendant through D while entering into a pro rata relationship for several years after having become aware of D around 2007, and KRW 10,000,000, transferred by the Plaintiff, is to operate a restaurant as a member of the restaurant by investing each of its own funds from Defendant and D.