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 fact that the Plaintiff remitted 12.6 million won to the Defendant’s deposit account on April 10, 2008 (hereinafter “the instant money”) is not in dispute between the parties, or can be recognized by the statements in the evidence A Nos. 1 and 2.

2. The parties' assertion

A. The plaintiff asserted that the plaintiff lent the money of this case to the defendant by means of remitting it to the defendant's deposit account, so the defendant is obligated to pay the money stated in the claim to the plaintiff.

B. The Defendant’s claim is not the money that the Plaintiff invested in Warsaw Ma Co., Ltd. (hereinafter “Sasaw”) but the money that the Defendant lent to the Defendant. Thus, the Plaintiff’s claim cannot be complied with.

3. Even if there is no dispute between the parties to the judgment as to the fact that money has been received, if there is no dispute, the cause of the receipt shall be proved by the plaintiff who asserts that it was received due to the loan for consumption.

In light of the following circumstances, the Plaintiff’s transfer of the instant money to the Defendant’s deposit account is difficult to readily conclude that the Plaintiff lent the instant money to the Defendant, on the sole basis of the fact that the Plaintiff transferred it to the Defendant’s deposit account, and there is no other evidence to acknowledge it otherwise.

① The Plaintiff did not receive a loan certificate from the Defendant while lending the Defendant the amount of KRW 12.6 million.

② On October 2007, before remitting the instant money, the Plaintiff already joined as a shower upon C’s recommendation, and invested KRW 775,000 to the shower, and thereafter received the investment principal and a certain amount of profit from the shower.

The investment principal is from the shower's account, and the profits are from the defendant's account.