1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On December 29, 2017, the Plaintiff transferred KRW 50,000,000 to the deposit account in the name of the Defendant, and KRW 10,000,000 on January 10, 2018 (hereinafter collectively referred to as “instant money”) respectively.

B. The Plaintiff filed a complaint against the Defendant on charges of fraud by asserting that “The Defendant paid the Defendant totaling KRW 60,000,000 to the Defendant as an advance payment, but the Defendant does not help the Plaintiff’s business and does not pay the said advance payment.”

However, on October 29, 2018, the Ulsan District Prosecutors’ Office rendered a non-prosecution disposition on the ground that “It is difficult to deem that there was a deceptive act against the Plaintiff by the Defendant, in view of the fact that the Defendant did not have any loan certificate prepared by discussing the conditions of severance from employment with the Plaintiff around December 2017, and that it is impossible to accurately verify whether the money was borrowed from the Plaintiff in the Kakao Stockholm dialogue or the recording book.”

(No. 26015. [Reasons for Recognition] of the Ulsan District Prosecutors' Office, 2018, 【No. 1, 1, 1 and 2 (including the number of branch offices), and the purport of the whole pleadings.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The plaintiff asserted that the plaintiff lent the money of this case to the defendant without setting a deadline, and since the period during which the plaintiff's claim for the loan of this case has arrived at, the defendant is obligated to refund the loan of 60 million won and delay damages to the plaintiff.

Even if not, the defendant promised to return the instant money to the plaintiff, so the defendant is liable to pay the above KRW 60,000,000 and delay damages to the plaintiff.

B. Determination 1) In a case where money is transferred to another person’s deposit account to determine a loan claim, such transfer may be made based on various legal causes (see, e.g., Supreme Court Decision 2012Da30861, Jul. 26, 2012).