1. The defendant's appeal is dismissed.

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

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

1. Basic facts

A. On September 4, 2008, the Plaintiff transferred KRW 10,000,00 to the account of C operated by the Defendant at the Defendant’s request (hereinafter “the instant money”).

B. The defendant on November 25, 2008 failed to repay the funds borrowed from the Eastern (Plaintiffs) to the plaintiff on November 25, 2008.

Visits sent an e-mail containing the content that “An unclaimed as Defendant (Defendant)”.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 4, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff asserts that the instant money is a loan.

On the other hand, the defendant asserts that the amount of this case is not a loan but a donation.

2) Determination A) We examine the following circumstances, i.e., the Plaintiff and the Defendant: (a) although a loan certificate for the instant money was not made between the Plaintiff and the Defendant; (b) at the time when three months have passed since the Plaintiff transferred transfer of KRW 10,00,000 to the Defendant, the Defendant sent e-mail containing the following contents: (a) requested the Plaintiff to further lend KRW 60,000,000 to the Plaintiff; (b) there is no reason to give the Plaintiff a free donation of the amount of KRW 10,000,000 to the Defendant; and (c) the Defendant provided the Defendant’s criminal case (Seoul District Court KRW 2017,No 1997,No 197,No 207, the Defendant testified that the instant money was a free donation.

One of the arguments is the testimony of the above criminal case D (a person who is well aware of both the plaintiff and the defendant as a director of corporation E operated by the plaintiff). The testimony is made to the effect that "the fact that the money in this case was issued was later known, and whether the above money was given assistance or not."