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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s summary of the Plaintiff’s assertion transferred total of KRW 10,150,00 to the Defendant’s account he/she was aware of during the period from August 5, 2017 to December 15, 2017.
Therefore, the defendant is obligated to pay to the plaintiff the above KRW 10,150,000 and damages for delay.
2. Determination
A. In case of remitting money to another person's deposit account, etc., the remittance can be made based on a variety of legal causes. As such, the claimant has the burden of proving that the remittance is a loan under a monetary loan contract with the person who has received the money.
(see Supreme Court Decision 2014Da26187, Jul. 10, 2014). In addition, whether a person unilaterally continues to pay money to the same other party is a gift ought to be determined by comprehensively taking into account the relationship between the parties, the period and amount of the payment of the total amount, the circumstances of the payment of the money, the attitude and circumstances of the parties before and after the payment of the money, etc.
B. According to the evidence evidence No. 1, it is recognized that the Plaintiff remitted total of KRW 10,150,000 to the Defendant’s account over 13 times between August 5, 2017 and December 15, 2017.
However, the following circumstances are acknowledged by the purport of each statement and the entire argument in Eul evidence Nos. 1 through 36 (including the virtual number), and ① the plaintiff and the defendant were in a relationship between July 2017 and February 2018; ② at the time of transferring money to the defendant, the plaintiff did not appear to have first requested the plaintiff to pay money; ② At the time of the transfer of money to the defendant, most of the plaintiff did not appear to have been asked for the monthly rent and the amount of debts to the defendant; and rather, it appears that the plaintiff voluntarily remitted money to the defendant who is in a relationship with the defendant by indicating his identification and supporting the plaintiff, such as moving money to a travel if the defendant is good, and making transfer. ③