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.

The Plaintiff asserted that the cause of the claim was determined, from March 18, 2005 to May 23, 2011, the Plaintiff lent a total of KRW 98,360,000 to the Defendant, and received KRW 14,20,000 among them.

Therefore, the Defendant is obligated to pay to the Plaintiff the remaining 84,160,000 won (=98,360,000 won - 14,200,000 won) and damages for delay.

Judgment

In a case where a remittance is made to another person's deposit account, the remittance can be made based on various causes, such as loan for consumption, donation, repayment, simple delivery, etc. Therefore, even if there is no dispute as to the existence of money between the parties, the plaintiff asserts that the cause of the receipt of money is a loan for consumption, while the defendant asserts that it was received due to a loan for consumption if it is contested by the defendant

(See Supreme Court Decision 72Da221 Decided December 12, 1972; Supreme Court Decision 2012Da30861 Decided July 26, 2012; Supreme Court Decision 2014Da26187 Decided July 10, 2014, etc.). The fact that the Plaintiff remitted KRW 98,360,000 to the Defendant’s account from March 18, 2005 to May 23, 201 is no dispute between the parties.

However, the defendant argues to the effect that the above money is not borrowed from the plaintiff but only that C used the account under the name of the defendant in borrowing money from the plaintiff, and that the above money is not borrowed from the plaintiff, and that it is recognized as being added to the whole purport of the arguments as a result of the order to submit each financial transaction information to the IBK Bank, the IBK Bank, the New Bank, and the National Bank, and each of the following circumstances, namely, ① the plaintiff is against the defendant's argument, and the plaintiff fails to submit objective evidence, such as disposal documents, which can confirm that each money deposited under the name of the defendant was paid to the defendant as a loan to the defendant, ② from the date the plaintiff paid each of the above money to the defendant to the date of the lawsuit of this case.