1. Revocation of the judgment of the first instance, and the plaintiff's claim is dismissed.

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

1. Determination as to the cause of claim

A. On November 16, 2016, the Plaintiff’s assertion: (a) lent KRW 75 million to the Defendant’s husband C at interest rate of 2%; (b) the Plaintiff received KRW 36.8 million out of the principal amount from the above C; and (c) the Defendant did not receive the remainder of KRW 38.2 million. Since the Defendant used the said money together with the account holder and the said C, the Defendant is obligated to pay the Plaintiff the remainder of the principal amount of KRW 38.20 as the borrower and the delay damages therefrom.

Judgment

In light of the following: (a) transfer of money to another person’s deposit account; (b) transfer of money can be made based on various legal causes, such as loan for consumption, donation, repayment, etc.; (c) it cannot be readily concluded that there was an agreement between the parties to the loan solely on the fact that such transfer was made; and (d) the party who asserts the loan bears the burden of proof of the burden of proof (see Supreme Court Decisions 2012Da30861, Jul. 26, 2012; 2014Da26187, Jul. 10, 2014); (c) Plaintiff 1 (Financial Transaction Certificate); and (d) the court’s overall purport of oral argument as to the order to submit financial transactions to IBK Bank with the Defendant’s deposit passbook; and (d) the Plaintiff’s claim for transfer of money KRW 75 million with the Defendant’s deposit passbook was rejected on November 16, 2016; and (e) the Plaintiff’s claim for the loan of KRW 200,00,00,00,00.