1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The plaintiff asserts that the defendant lent a total of KRW 34 million to the defendant on January 18, 2010, and KRW 10 million on May 3, 2010.

As to this, the defendant asserts that he received the above money from the plaintiff.

2. The plaintiff's assertion that he lent money between the parties to the judgment even if there is no dispute as to the fact that he was given money between the parties to the judgment, has the burden of proof as to the fact of the lending.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). There is no dispute between the parties, or according to the evidence Nos. 1-2 and 1-2, the fact that the Plaintiff remitted total of KRW 34 million to the Defendant, as alleged by the Plaintiff, is recognized.

However, with respect to the above 34 million won paid by the Plaintiff to the Defendant, it is insufficient to recognize that the Plaintiff paid KRW 5 million to the Defendant as a loan on the sole basis of the fact that the Plaintiff paid KRW 55 million to the Defendant in addition to the above money as a donation, and there is no other evidence to recognize it as a loan. Accordingly, the Plaintiff’s claim is without merit.

3. If so, the plaintiff's claim is dismissed. Since the judgment of the first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the first instance is revoked and the plaintiff's claim is dismissed.