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. Determination as to the cause of claim

A. On May 27, 2015, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent money from D to the Defendant on May 27, 2015; and (b) on December 30, 2015, the payment period of KRW 120 million was determined and lent to the Defendant at 2% of the interest rate

Therefore, the defendant is obligated to pay to the plaintiff 10 million won with 24% per annum from June 10, 2015 to the service date of the original copy of the payment order in this case, and 15% per annum from the next day to the day of full payment.

B. (1) The loan for consumption is a contract under which one of the parties agrees to transfer the ownership of money or any other substitute, and the other party agrees to return the same kind, quality, and quantity (Article 598 of the Civil Act). It is natural that there is an agreement between the parties as to the above point.

(Supreme Court Decision 2010Da41263, 41270 Decided November 11, 2010). In addition, in a case where money is transferred to another person’s deposit account, such transfer may be made based on various legal causes, such as loan for consumption, donation, repayment, etc. Therefore, it cannot be readily concluded that the party’s intent as to loan for consumption has been jointly determined solely on the fact that such transfer was made.

(See Supreme Court Decision 2012Da30861 Decided July 26, 2012). The burden of proving that there was such an intention lies on the part of the party asserting that the remittance was caused by a loan for consumption.

This is also the case where the payment of money is recognized.

Things A’s evidence No. 1 is proved to have been forged, but there is no evidence to acknowledge it.

Rather, comprehensively taking account of the description of Gap evidence 2, part of Gap evidence 7, witness I of the first instance trial, and witness G of this court, and the purport of all the testimony and arguments, the money borrowed document is directly prepared by G according to the defendant's representative director I's delegation from the defendant's representative director at the time of June 10, 2015 and signed and sealed the defendant's employee seal.