1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. The plaintiff asserts that the defendant borrowed KRW 10 million from the plaintiff, and the defendant is obligated to pay the above loan and the damages for delay to the plaintiff.

As to this, the defendant asserts that the plaintiff's KRW 10 million paid to the defendant is not a loan, but a contract for the construction of the temple operated by the defendant, so the plaintiff's claim cannot be complied with.

B. Even if there is no dispute between the parties to the judgment as to the fact that the money was received, if the defendant contestss against the plaintiff's assertion that he lent the money, the party bears the burden of proving that the money was the loan.

(2) The Plaintiff transferred KRW 10 million to the Defendant’s account on November 12, 2012, to the Defendant’s account on December 12, 2012, 2014 (see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 201). According to the evidence No. 4, the Defendant’s statement to the effect that he borrowed KRW 10 million from the Plaintiff during the conversation between the Plaintiff and the Defendant, although it is recognized that the Defendant stated that he borrowed KRW 10,00 from the Plaintiff during the conversation with the Plaintiff, the Plaintiff did not submit all of the following facts or circumstances, namely, ① the Plaintiff and the Defendant’s statement that he received KRW 20,000,000 from the Plaintiff to the Defendant on July 21, 201.