1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the parties' arguments

A. On February 10, 201, the Plaintiff claimed that the Defendant is liable to pay the borrowed amount and the damages for delay to the Plaintiff, as the Plaintiff lent KRW 70 million to the Defendant’s account by means of remitting money to the Defendant’s account by September 17, 2012, including deposit of KRW 10 million to the Defendant’s agricultural bank account.

In addition, the plaintiff asserts that even if the plaintiff borrowed money from the plaintiff by lending the defendant's account as shown below, C was in a de facto marital relationship with the defendant, and that the defendant either borrowed money or promised to pay the borrowed money jointly with the defendant, the plaintiff is liable to pay the borrowed money and the delayed payment to the plaintiff.

B. As to this, the Defendant borrowed money from the Plaintiff, not the Defendant, but C, and as C, C was unable to open a bank account due to bad credit standing, and thus, C lent the deposit account in the name of the Defendant to C. The Defendant borrowed money jointly with C.

Inasmuch as there was no promise to repay or promise to repay, the Plaintiff is not obligated to pay the borrowed money.

2. Determination

A. According to the reasoning of the reply to the order to submit financial transaction information by the Nonghyup Bank as to whether the Plaintiff leased the Defendant, the Plaintiff’s total amount of KRW 10 million on February 10, 201, KRW 14, 10 million on November 14, 201, KRW 20 million on February 16, 2012, KRW 100,000 on April 9, 2012, KRW 190,000 on May 23, 2012, KRW 300,000 on July 4, 2012, KRW 200,000 on September 13, 2012, KRW 200,000 on September 27, 2012, KRW 97,700,000 on the agricultural bank account in the name of the Defendant.

On the other hand, however, the following circumstances, i.e., C opened a deposit account as a bad credit holder, which is acknowledged by comprehensively taking into account the testimony of the witness C, the response results of the Nong Bank's order to submit financial transaction information, and the overall purport of the