1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 7, 2014, the Plaintiff transferred KRW 3 million to the account in the name of the Defendant’s father-child C.

B. On November 19, 2014, the Plaintiff paid KRW 10 million to the Defendant by means of remitting a total of KRW 10 million ( KRW 5 million in the name of the Plaintiff, KRW 5 million in the name of the Plaintiff, and KRW 5 million in the name of D) to the Defendant’s account in the name of the Defendant’s father C.

[Reasons for Recognition] Facts that there is no dispute between the parties, entry of Gap evidence 2 to 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff asserted that the Plaintiff loaned the total amount of KRW 13 million to the Defendant on December 15, 2014.

B. The Plaintiff and the Defendant’s assertion were related to the Plaintiff at the time. On November 7, 2014, the Plaintiff donated KRW 3 million to the Plaintiff’s father’s father’s father’s father’s undergraduate C’s college registration fee, and on November 19, 2014, the Plaintiff did not lend KRW 10 million to the Defendant’s business.

C. Even if there is no dispute over the fact that the parties to the judgment on whether to grant a loan for consumption exchange money, the plaintiff claims the cause of receiving the money as a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving

(See Supreme Court Decision 72Da221 delivered on December 12, 1972. It is difficult to readily conclude that the cause of receiving the money is a donation immediately on the ground that two persons exchange the money between men and women having relationship with them. Whether the cause is a loan for consumption or a donation shall be determined by taking into account the developments leading up to exchanging the money, the source, amount, and the intention of return.

The following circumstances, i.e., ① details from time to time between the Plaintiff and the Defendant did not appear, and the amount of KRW 3 million was given as the intent of donation, barring any special circumstance, barring any special circumstance, and the said money was used for university admission fees of C.