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.

1. Basic facts

A. The Defendant is a juristic person with the purpose of a divided plant manufacturing business, a water-entry business, etc., and the Plaintiff is the wife of C (Death on November 17, 2016, and hereinafter “the deceased”).

B. On July 25, 2016, the Plaintiff remitted USD 150,000 (hereinafter “the instant money”) to the Defendant’s account under the name of the Defendant, and the instant money is the same year.

8.2. It was deposited into the above account under the name of the defendant.

C. The instant money is KRW 166,650,000 upon conversion into an exchange rate at the time of August 2, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap 1, 3 through 5, Eul 2, the purport of the whole pleadings and arguments

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff transferred the instant money to the Defendant, upon request by the Deceased, which had been under financial difficulties by the Defendant while residing with his children and in the United States, and had been under the name of children, school expenses and living expenses.

Therefore, the Defendant is obligated to pay the Plaintiff the loan 166,650,000 won and the interest and delay damages thereon.

B. Around July 19, 2006, the Defendant’s summary of the Defendant’s assertion: (a) invested KRW 286,059,000 to E in the U.S. local subsidiary; and (b) received return of USD 150,00 as agreed amount by filing a lawsuit for damages, etc. in the U.S. local area.

However, since there was no overseas account in the name of the defendant at the time, the deceased received and deposited the above agreed money in the name of the plaintiff, and transferred it to the defendant's domestic account, the defendant did not borrow the money from the plaintiff.

3. The plaintiff's assertion that there was no dispute between the parties to the judgment as to the fact that the money was received, but the loan was lent, if the defendant contestss the loan, the party bears the burden of proof as to the loan.

(Supreme Court Decision 2014Da26187 Decided July 10, 2014 and Supreme Court Decision 2013Da73179 Decided September 15, 2015, etc.).