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. The following facts may be found either in dispute between the parties or in accordance with the evidence No. 1-1, No. 2, No. 1-2, No. 3, No. 4-1, No. 4-5, and No. 11, either in the statement No. 1-2, No. 1-2, and No. 11.

The plaintiff is the husband of C, and the defendant is the husband of C, who was the husband of D.

B. The amount of KRW 4,00,000 was transferred from the Agricultural Cooperative (E) account in the name of the Plaintiff to the account in the name of F, a private village student of the Defendant on August 18, 2009.

C. From the SC Bank account (G) in the Plaintiff’s name on August 25, 2009, the sum of KRW 5,000,000 and KRW 16,000,000 on two occasions via the Agricultural Cooperative Account in the name of the Defendant and D’s children, and KRW 6,00,000 on August 26, 2009. The said H’s account was opened on August 20, 2007.

Defendant and D shared around February 2013.

E. On May 8, 2013, the Plaintiff filed the instant lawsuit against the Defendant.

2. The assertion and judgment

A. On August 2009, the Plaintiff asserts that, upon receiving a request from the Defendant to lend money to the Defendant for the purpose of building costs, the Plaintiff loaned KRW 4,000,000 to the F’s account on August 18, 2009 as designated by the Defendant, and lent KRW 16,00,000 to the H’s account on August 25, 2009 through August 26, 2009, and lent KRW 20,000 to the Defendant.

Plaintiff

As seen above, the transfer of the sum of KRW 20,000,000, and KRW 16,000,000 from the account under the name of F to the account under the name of H (hereinafter “the instant money”) was made, as seen earlier. However, in a case where the instant money is transferred to the Plaintiff and the Defendant for the transfer of money to another person’s deposit account, etc. as to whether the said money is a loan under a monetary loan contract between the Plaintiff and the Defendant, the transfer may be made based on various legal causes. As such, the fact that the money transferred by the Plaintiff to the Defendant is a loan under a monetary loan contract shall be proved by the Plaintiff, and the fact that the money transferred by the Plaintiff to the Defendant is a loan under a monetary loan contract shall be proved by Supreme Court Decision 20, Dec. 12, 1972.