1. The plaintiff's appeal and the conjunctive claim added in the trial are all dismissed.

2. Appeal costs and ancillary costs.

1. Basic facts

A. The Plaintiff, around May 2014, was the “C” where the Defendant works, and was in a relationship with the Defendant from October 2014 to July 2015.

B. From December 29, 2014 to October 3, 2015, the Plaintiff remitted total of KRW 17,900,000 (hereinafter “the instant money”) to the Defendant, as indicated in the attached remittance details.

[Ground of recognition] Unsatisfy, Gap evidence 1-1 and 2

2. Judgment as to the main claim

A. The plaintiff asserts that the plaintiff lent the money of this case to the defendant, and the defendant asserts that the plaintiff donated the money to the defendant in a tobacco relationship.

B. Even if there is no dispute over the fact that the parties to the judgment paid and received money, the plaintiff claims the cause of receiving money as a loan for consumption, while the defendant asserts that it is a loan for consumption, the plaintiff bears the burden of proving that it is a loan for consumption

(see, e.g., Supreme Court Decisions 72Da221, Dec. 12, 1972; 2014Da26187, Jul. 10, 2014). Each description of evidence Nos. 1, 2, 4, 8, 9, 10, and 11 is insufficient to recognize that the Plaintiff lent the instant money to the Defendant, and there is no other evidence to prove otherwise.

Rather, in addition to the facts acknowledged earlier, the following circumstances are acknowledged by comprehensively considering the overall purport of Gap evidence Nos. 10, Eul evidence Nos. 11 through 3, Eul evidence Nos. 5, 6, 7, 10, 11, and 12 and the whole purport of the arguments, namely, ① the plaintiff and the defendant did not prepare a loan certificate for the money of this case, and did not agree on the due date or interest, ② The sum of the amounts indicated in the annexed statement Nos. 1, 4, and 6 among the money of this case, KRW 10 million was known of the fact that the plaintiff borrowed KRW 10 million from the president of the above C main office, and the plaintiff demanded the defendant to pay the above money to the defendant and voluntarily agreed to do so.