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. Determination as to the cause of claim

A. The Plaintiff’s assertion asserts that the Plaintiff, a construction company of reconstruction apartment units located outside Seoul Special Metropolitan City, B and five lots, leased KRW 5,120,000 won to the Defendant, a member of the said apartment unit, and KRW 5,120,000 won on February 15, 2007, KRW 2620,000,000 on February 16, 2007, and KRW 5,120,000 on March 5, 2007, and sought a loan from the Defendant.

B. The court below held that the plaintiff remitted money to the defendant on February 15, 2007, KRW 2620,000,000 won on February 16, 2007, and KRW 5.1.2 million on March 5, 2007 (hereinafter "the money of this case") to the defendant, although there is no dispute between the parties, but where the money of this case is transferred to the plaintiff and the defendant for the purpose of transferring money to a health account or another person's bank account as to whether the money of this case is a loan under a monetary loan contract between the plaintiff and the defendant, the remittance can be conducted based on various legal causes. Thus, the fact that the money of this case transferred to the defendant is a loan under a monetary loan contract has to be proved by the plaintiff, and there is no evidence to acknowledge that the money of this case is a loan to the defendant of this case, and there is no reason for the plaintiff's assertion as above.

2. If so, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.