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. The plaintiff's assertion that the plaintiff lent a total of KRW 10 million to the defendant on May 29, 2007, and KRW 5 million on June 1, 2007, and KRW 10 million on June 1, 2007, and thus, the defendant is obligated to pay the plaintiff a total of KRW 10 million and delay damages.

2. In the event that money is paid to another person by judgment, it can be caused by various causes such as loan for consumption, donation, repayment, simple delivery, etc. Therefore, even if there is no dispute as to the fact that money is received between the parties, the plaintiff asserts that the cause of receipt of money is a loan for consumption, while the defendant asserts that it was received by the loan for consumption if it is contested, the plaintiff bears the burden

In this case, the defendant argued to the effect that although the defendant received five million won from the plaintiff around May 29, 2007, the above money was not borrowed. The statement in Gap 1-1 and 2 alone is insufficient to recognize the fact that the plaintiff paid an additional five million won on June 1, 2007 to the defendant, and that the plaintiff lent the above money to the defendant, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim is without merit.

3. In conclusion, the judgment of the first instance court is legitimate, and the plaintiff's appeal is dismissed.