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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. On March 29, 2019, the Defendant asserted that: (a) received KRW 5,000,000 from the Plaintiff on a first-served basis; (b) did not pay KRW 3,850,000 in total monthly payment; and (c) borrowed KRW 5,00,000 from the Plaintiff on September 25, 2012.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 8,850,000 (i.e., the unpaid amount of KRW 3,850,000) and damages for delay.
2. Determination on the cause of the claim
A. In the event of a transfer of money to another person’s deposit account, 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 the 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 cannot be readily concluded (see, e.g., Supreme Court Decision 2012Da
(see, e.g., Supreme Court Decision 2014Da26187, Jul. 10, 2014). B.
Judgment
According to the statement on the deposit transaction statement No. 2, the plaintiff transferred 5,000,000 won to the defendant's account on March 29, 2012 and September 25, 2012.
However, the following circumstances, i.e., ① the Defendant joined the Plaintiff’s operation guidance, in addition to the remittance details, by comprehensively taking account of the Gap’s evidence Nos. 3 (including paper numbers, hereinafter the same shall apply), Eul’s evidence Nos. 1, and the financial transaction information reply results, and the entire purport
It is not revealed that the Plaintiff borrowed money from the Plaintiff, and ② the Plaintiff has received all the money by C except for the money transferred from the Defendant’s account in the name of the Defendant once a monthly payment. ③ The Defendant merely received the money upon C’s request and delivered it by finding the money received, or transferred it to the person designated by C.