1. The plaintiff's appeal is dismissed.

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

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

1. Basic facts

A. The Plaintiff and the Defendant were living together from around December 2016, and came to fall around June 2017.

B. On December 3, 2016, the Plaintiff remitted total of KRW 20 million to the bank account under the name of the Defendant, and KRW 20 million on December 22, 2016.

[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading

2. The assertion and judgment

A. The plaintiff's assertion 1) The plaintiff's ground for the plaintiff's claim is that the defendant will take over a restaurant with Chokdong respectively, and the defendant will take over the restaurant without fixing the due date for payment. Therefore, the defendant is obligated to pay to the plaintiff the remaining 17 million won after deducting the fine of 3 million won paid by the defendant on behalf of the plaintiff from the above 20 million won. The defendant is not a loan but a loan of 20 million won, which the plaintiff remitted to the defendant by the defendant. 20 million won, the plaintiff's claim is not a loan, but a loan of 20 million won that the defendant transfers to the defendant at the time of the plaintiff's living together with the defendant's living. It is a donation made by the plaintiff to the defendant so that the defendant

Therefore, the plaintiff's claim is improper.

B. Determination 1) A loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such kind, quality, and quantity as such (Article 598 of the Civil Act). It is natural that there exists an agreement between the parties as to the above point (see Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). In addition, in a case of a transfer of money to another person’s deposit account, such transfer may be made based on various legal causes, such as a loan for consumption, donation, and repayment, so it cannot be readily concluded solely on the fact that such transfer was made (see Supreme Court Decision 2012Da30861, Jul. 26, 2012).