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. The parties' assertion

A. Upon the Defendant’s request, the Plaintiff: (a) transferred the sum of KRW 22 million, including KRW 20 million on March 20, 2014 and KRW 20 million on September 4, 2014, to the Defendant’s account; and (b) lent the said sum to the Defendant’s account.

B. Upon receipt of a request from C to the effect that “the cost of searching for one’s own visibility attached to Jeonpopopopos, 2 million won, was paid by the Plaintiff, and thus, requested the Plaintiff to deliver it,” the Defendant received KRW 2 million from the Plaintiff and delivered it to C.

In addition, C, while developing and selling the forest land owned by the Plaintiff, Gwangju City E (hereinafter “the forest of this case”), borrowed the development costs from the Plaintiff, and in the process, the Defendant received transfer of KRW 20 million from the Plaintiff to C.

Therefore, the defendant did not borrow money directly from the plaintiff.

2. Determination

A. In a case where a transfer is made by transferring money to another person’s deposit account, such transfer may be made based on a variety of legal causes. Therefore, the mere fact that such transfer was made cannot be readily concluded that there was an intention to share the loan for consumption between the parties (see Supreme Court Decision 2012Da30861, Jul. 26, 2012). The burden of proving that such transfer was made by the parties to the loan for consumption is the Plaintiff asserting that the said transfer was made based on the loan for consumption between the parties.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014). B.

The fact that the Plaintiff remitted total of KRW 22 million to the Defendant’s account on March 20, 2014, and KRW 20 million on September 4, 2014 is no dispute between the parties.

C. However, in light of the following circumstances, the above facts of recognition and the Plaintiff, which are acknowledged by the descriptions of the evidence Nos. 1 through 6, the testimony of the witness C of the first instance trial, the party principal examination results against the Defendant of this court, and the purport of the whole pleadings.