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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. In full view of the purport of the statement and the entire argument by Gap evidence No. 1 (including paper numbers), the Plaintiff paid KRW 20,000,000 to the Defendant (hereinafter “the instant money”) by means of remitting the money to the Defendant’s account on August 2, 2015.
2. The Plaintiff asserts that the instant money was leased to the Defendant on October 22, 2015 by the Plaintiff.
As to this, the defendant asserts that the plaintiff, who was a related party, made a donation to the defendant by using the money of this case for investing in shares.
3. Determination 1) If there is a dispute as to the reason for receiving the money, the party asserting that the money was received as the reason for the loan has the burden of proof. On the other hand, it cannot be readily concluded that the reason for receiving the money is a donation immediately between both men and women having a relationship with the money, and whether the cause is a loan for consumption or a donation for consumption must be determined by taking into account the background leading up to giving and receiving the money, the source, amount, and the intention of return, etc. of the money. 2) In light of the above legal principles, considering the following facts and circumstances that can be recognized by taking into account the overall purport of the arguments, the evidence Nos. 1 through 5 (including the serial number), and Nos. 1 and 2, and the purport of the pleading, it is reasonable to deem that the money of this case was the amount loaned by the plaintiff to the defendant.
① Although the loan certificate was not prepared with respect to the instant money, in light of the fact that the original and the Defendant had a relationship of interest, it appears that it was not easy for the Plaintiff to demand the Defendant to prepare separate documents, such as the loan certificate, and the Plaintiff is about the Plaintiff’s account by remitting money to the Defendant by means of account transfer.