1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Plaintiff is the representative director of C Co., Ltd (former trade name: D.; hereinafter “instant company”) with the main purpose of the hardware, software development and distribution, integration of information systems, consulting business, etc., and the Defendant was working as the internal director of the instant company from May 1, 2013 to November 24, 2015 after establishing the instant company with the Plaintiff on April 2013.

B. From August 21, 2012 to September 21, 2015, the Plaintiff transferred a total of KRW 82,365,000 (hereinafter “the instant money”) to the Defendant (hereinafter “the instant remittance”), as indicated in the following table, on a twenty-five-five-yearly basis (i.e., “the instant remittance”; and hereinafter “the instant remittance”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff leased a total of KRW 82,365,00 to the Defendant, as in the instant remittance, and the Defendant is obligated to return it to the Plaintiff.

B. Since the money received through the remittance of this case was received by the defendant from the plaintiff for the purpose of compensating for the expenses used for the business of the company of this case, the defendant is not obligated to return it to the plaintiff.

3. Determination

A. In a case where a transfer is made to another person’s deposit account, etc., the remittance may be made based on a variety of legal causes. Therefore, it cannot be readily concluded that there was an agreement between the parties to a loan for consumption only on the sole basis of the fact that there was a remittance, and even if there is no dispute as to the fact that there was an amount of money between the parties, if there is no dispute as to the cause of the receipt of money, the plaintiff is responsible to prove that it was received

(See Supreme Court Decision 2013Da73179 Decided September 15, 2015, and Supreme Court Decision 72Da221 Decided December 12, 1972, etc.). B.