1. The Defendant’s KRW 100 million to the Plaintiff and the Plaintiff’s KRW 5% per annum from October 7, 2016 to January 3, 2017.

1. Facts of recognition;

A. On September 2014, the Plaintiff and the Defendant came to know through the introduction of a branch seal, and developed between the two pages.

B. On December 23, 2014, the Plaintiff transferred KRW 100 million (hereinafter “the instant money”) to the Defendant’s new bank account in the name of the Defendant.

C. On October 6, 2016, the Plaintiff sent to the Defendant a certificate of content that demands the return of the instant money, and the Defendant was the same month.

7. The above content certification was received.

[Ground of recognition] Facts without dispute, entry in Gap evidence 1 through 3 (including various numbers, hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination

A. Even if there is no dispute between the parties as to the fact that the amount is received, the plaintiff asserts that the cause of receiving the amount is a loan for consumption, and if the defendant asserts that the cause of receiving it is the cause of the loan for consumption, the plaintiff bears the burden of proving that it was received

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). In addition, whether monetary payment to the other party is a gift should be determined by comprehensively taking into account the relationship between the parties, the total amount of money, the period and amount of giving and receiving, the details of giving and receiving money, the attitude and circumstances of the parties before and after the payment of the money, etc.

B. The Plaintiff transferred the instant money to the Defendant without dispute between the parties, and in light of the aforementioned legal principles, the following circumstances revealed in light of the evidence and witness C’s testimony and the overall purport of the pleadings, namely, ① the instant money was paid at the time when the Plaintiff and the Defendant began to come up with and was paid for three months, ② the Defendant introduced the Plaintiff and the Defendant around June 2014, and received a demand for the Defendant’s debt payment due to his spouse’s debt, around December 2014.