The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On February 3, 2004, the Plaintiff transferred 2.7 million won, 6.4 million won, and 10 million won in total to the account under the name of C Co., Ltd. (hereinafter “C”). On February 3, 2004, the Plaintiff transferred KRW 17 million to the account in the name of the Defendant, and the amount of KRW 3 million on February 3, 2004, KRW 65 million on February 4, 2004, and KRW 90 million on February 6, 2004, and KRW 5 million on February 6, 2004.

B. Meanwhile, the Defendant wired the Plaintiff’s account in the name of the Plaintiff KRW 5 million on March 5, 2004, KRW 40 million on March 12, 2004, KRW 30 million on May 4, 2004, KRW 6 million on July 26, 2004, KRW 2 million on January 3, 2008, and KRW 84 million on September 30, 2009.

[Reasons for Recognition] Each entry in Gap evidence 1 and 2

2. The parties' assertion

A. The plaintiff's assertion that the plaintiff lent KRW 100 million to the defendant. Since the defendant repaid KRW 84 million, the defendant is obligated to pay the remaining loan amounting to KRW 16 million and delay damages to the plaintiff.

B. Defendant’s assertion 1) Whether the Plaintiff invested KRW 100 million in C via the Defendant, or not, to the Defendant. The Defendant’s transfer of KRW 84 million to the Plaintiff is the amount that the Defendant lent to the Plaintiff. 2) Even if the Plaintiff lent KRW 100 million to the Defendant, the claim for the loan was completed and expired.

3. Determination

A. Whether a KRW 100 million transferred by the Plaintiff to the Defendant is a loan or an investment loan? The following circumstances, which are acknowledged as comprehensively taking account of the above facts acknowledged, the entries in Gap evidence 3 through 5, and the overall purport of the pleadings in the testimony of witness D of the court of first instance, are relatively simple and the contents of the contract for a loan for consumption, namely, no special agreement is provided for an agreement and the maturity for repayment (which is not essential)

In particular, in the event of remitting money to a bank account, the loan certificate is often not prepared, while the investment contract does not simply include the contents of the investment business, the distribution of profits and the apportionment of losses, the guarantee of principal.