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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. On December 23, 2014, 208, the date of the deposit of recognized facts, on December 26, 2014, 2014, the Plaintiff paid the Defendant KRW 5,000,000,000 (hereinafter “the instant money”) in total on five occasions through a bank account in the name of C, the Defendant’s father, through the bank account in the name of C, for five times as follows (hereinafter “the instant money”).
【Ground of recognition】 The fact that there has been no dispute, and the purport of all entries and arguments in Gap evidence 1-5
2. Determination as to the cause of action
A. The plaintiff's assertion 1) The plaintiff loaned the money of this case to the defendant under the name of living expenses upon the defendant's request. Thus, the defendant asserts that the defendant is obligated to pay the plaintiff a loan of 5 million won and damages for delay. 2) The defendant asserts that the plaintiff paid the money of this case to the defendant under the name of distribution to the defendant among the price of supply received from the customer while operating a furniture factory with the defendant.
B. Determination 1) Even if there is no dispute as to the fact that the Plaintiff received money between the parties, the reason that the Plaintiff received money is a consumption lease, and the Defendant is liable to prove that it was received due to consumption lease (Supreme Court Decision 72Da221 Decided December 12, 1972). (2) The Defendant received KRW 5,000,000 from the Plaintiff five times from August 23, 2014 to January 24, 2015, the fact that the Defendant received KRW 5,00,000 from the Plaintiff was recognized as above, but it is recognized as follows: (i) there was no loan certificate between the Plaintiff and the Defendant on the receipt of money between the Plaintiff and the Defendant; and (ii) there was no evidence to deem that the Plaintiff received interest, etc. from the Defendant from the Defendant’s account during the period from March 23, 2014 to January 24, 2014; and (iii) there was no evidence to deem that the Plaintiff received interest, etc. from the Defendant.