1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

On March 21, 2011, the Plaintiff asserted that the Plaintiff lent KRW 10,050,000 to the Defendant, a Sinjun, the Defendant.

(A) The Plaintiff transferred KRW 12,050,000 to the Plaintiff’s passbook on March 21, 2011, and the Defendant deposited KRW 2,000,000 to the Plaintiff’s passbook on March 25, 2011, and returned the money. The Defendant paid the money after using the loan only. However, the Defendant did not repay the money until now.

Therefore, the defendant is obligated to pay the plaintiff the above loan 10,050,000 won and damages for delay.

The defendant argued that the defendant, which was the original husband of the plaintiff, recommended D to make an investment in the earth and sand chickens business to D, but was rejected.

After that, the Plaintiff expressed its intent to make an investment to the Defendant on March 21, 201, and later transferred KRW 12,050,000 to the Defendant’s account on March 21, 2011. The Defendant immediately transferred KRW 10,050,000 to the account notified by the said D, and subsequently returned KRW 2,00,000 to the Plaintiff.

As such, the Plaintiff’s investment in the above D through the Defendant is not the Defendant’s lending of money from the Plaintiff.

Judgment

Even if there is no dispute between the parties to the relevant legal principles as to the fact that the Plaintiff received money, the cause for the receipt of money is the consumption lease, and if the Defendant contests the cause of receipt, the Plaintiff is responsible to prove that it was received from the consumption lease.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). Each of the facts under the judgment below is either a dispute between the parties, or can be acknowledged in full view of the purport of the entire pleadings in the descriptions of evidence Nos. 1-1, 2, 2, 2, and 3.

① On March 21, 2011, the Plaintiff transferred KRW 12,000,000 in total and KRW 50,000,000 to the Defendant’s account on two occasions.

Upon receipt of the above money, the Defendant remitted KRW 10,050,000 to the account in the name of E on the same day, and returned KRW 2,000,000 to the Plaintiff on March 25, 2011.

(2) D shall be April 13, 2012.