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. Basic facts

A. The Defendant is the representative director of C Co., Ltd. (hereinafter “instant company”), and the Plaintiff is the Defendant, who is the Plaintiff’s husband, and D was working as the managing director of the instant company as the Plaintiff’s husband and retired from the office around February 2013.

B. On December 27, 2010, the Plaintiff received KRW 140,000,000 from the instant company (hereinafter “the instant money”), and transferred the said KRW 140,000 to the Defendant on the same day, and the Defendant paid the said money as the capital of the instant company.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, witness D of the first instance trial, the purport of the whole pleadings

2. The parties' assertion

A. On December 27, 2010, the Plaintiff asserted that KRW 140,000,000 lent to the instant company was repaid by the said company, and on the same day, lent KRW 140,000 to the Defendant.

Therefore, the defendant is obligated to pay the above money to the plaintiff.

B. The defendant's assertion and D decided to create the so-called funds for the expansion of the company's capital, and D decided to take charge of its business, D received money from business partners, such as G (hereinafter "G") and J (I) and deposited money in the form of lending to the company of this case through the passbook in the name of the plaintiff. The company of this case paid KRW 140 million to the plaintiff as repayment, and the plaintiff immediately remitted this money to the defendant. Thus, the above KRW 140 million was actually the money of the company of this case and the plaintiff was not the money lent to the defendant.

3. Determination

A. Even if there is no dispute as to the fact that there is an amount of money between the parties, the reason that the plaintiff received it is a loan for consumption, and the defendant is liable to prove that it was received due to a loan for consumption.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.

As to the instant case, the instant case was examined.