1. The plaintiff's claim is dismissed.

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

1. The parties' assertion

A. Plaintiff 1) On July 10, 2009 and October 1, 2009, the Plaintiff is the Defendant each of KRW 50 million (hereinafter “instant money”).

(2) At the time of the above loan, the Defendant provided a loan to the Plaintiff on July 10, 2009 only until February 9, 2010, and the interest until December 6, 2010 for the loan on October 1, 2009, and the interest and principal are not paid thereafter. Thus, the Plaintiff sought payment of the amount as stated in the purport of the claim to the Defendant.

B. At the time of paying the instant money to the Defendant, the Plaintiff purchased land on its account at the request of several persons, and engaged in real estate business in the form of selling it. However, the Defendant invested in real estate several times through the Plaintiff, and accordingly, the amount of money was extremely frequent between the Defendant and the Plaintiff.

The instant money is only incidental to the foregoing real estate investment, and the Defendant did not borrow the instant money from the Plaintiff.

Even if the Defendant borrowed the instant money from the Plaintiff in relation to real estate investment, the settlement was completed.

2. Determination

A. Even if there is no dispute as to the fact that there is the receipt of money between the parties, the reason that the plaintiff received money is a loan for consumption, and the defendant, if so, bears the burden of proving that it was received as a loan for consumption.

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

According to Gap evidence Nos. 2, 10, and 11 (including a branch number; hereinafter the same shall apply), each of the plaintiff's wife C remitted KRW 50 million to the defendant's Gyeongnam Bank account on July 10, 2009, the defendant's agricultural bank account on August 13, 2009, KRW 500,000 on September 13, 2009, KRW 500,000 on September 13, 2009, KRW 500,000 on October 15, 2009, KRW 500,000 on November 6, 2009, KRW 100,000 on January 6, 2010, and KRW 500,000 on January 6, 2010.