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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Summary of the parties' arguments;
A. On March 4, 2011, the Plaintiff lent the said money to the Defendant as a real estate investment fund that was conducted by the Defendant at the time by remitting KRW 100,000,000 to the Defendant.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 100,000,000 and damages for delay.
B. Money that the Plaintiff transferred to the Defendant on March 4, 2011 is not a loan that the Plaintiff paid to the Defendant for investment in real estate business where D (representative E) was in progress.
The defendant may not respond to the plaintiff's request because he has given 100,000,000 won of the plaintiff's investment to G designated by E.
2. Even if there is no dispute between the parties to the judgment as to the fact that the money has been received, the plaintiff is a loan for consumption, and the defendant is liable to prove that it has been received due to the loan for consumption if it is disputed the cause of receipt.
(Supreme Court Decision 72Da221 Decided December 12, 1972). The fact that the Plaintiff remitted KRW 100,000,000 to the Defendant on March 4, 2011 (hereinafter “instant remittance”) did not conflict between the parties, or is recognized by the statement in the evidence No. 4.
However, the following circumstances, which are acknowledged by comprehensively taking account of the respective descriptions and the overall purport of Gap evidence Nos. 1, 2, 3 and Eul evidence Nos. 1 through 9 (including branch numbers), namely, the plaintiff and the defendant, around October 2010, invested in the business to purchase and develop the land located in Gangwon-do iron sources, and the plaintiff, when the business run by H, as the business run by H, had been kept in total of KRW 300,000,000,000, including the amount invested by the defendant and KRW 100,000,000,000,000,000 from F, from October 201, 2010.