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. In the first instance court’s determination as to the legitimacy of an appeal for subsequent completion, the fact that both a duplicate of the complaint of this case against the defendant and a notice of date for pleading, etc. against the defendant were served by public notice and the pleadings have been proceeded with on November 30, 2018, and that the judgment in favor of the plaintiff was rendered on November 30, 2018, the original copy of the judgment of the first instance was also served on the defendant by public notice, and the fact that the defendant filed an appeal for subsequent completion on December 26, 2018, knowing that the judgment was rendered on December 20, 2018, is obvious or obvious

In such a case, the defendant was unable to observe the peremptory appeal period because he was unaware of the progress and result of the lawsuit of this case due to a cause not attributable to himself. Thus, the appeal of this case filed within two weeks after the cause has ceased to exist is lawful.

2. The Plaintiff asserts that “C lent the above money to the Defendant by means of transferring the sum of KRW 36,30,000 to the Defendant’s account from its parent D’s account, and received the above loan claim from C, so the Defendant is obligated to pay the Plaintiff the above amount of KRW 36,30,000 and damages for delay.”

Since a loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such kind, quality and quantity as such (Article 598 of the Civil Act). It is natural that the other party agrees to the above point.

(See Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). In addition, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, a gift, and a repayment, and thus, the intent of a party to a loan for consumption is determined solely on the fact that such transfer was made.