1. The plaintiff's appeal and the main claim (the claim for the return of the article in question) added by this court are all dismissed.

2...

1. The plaintiff's assertion

A. From August 29, 2015 to September 4, 2015, the Plaintiff was obligated to pay the Defendant a total of KRW 34,042,360, total of KRW 360, and KRW 274,00,000 as the deposit, etc. from August 26, 2015 to December 16, 2015, total of KRW 267,850,00 as the name of the site restaurant premium, etc. from February 17, 2016 to June 25, 2016, the Defendant is obligated to pay the Plaintiff a total of KRW 575,892,360, and delay damages.

Even if it is not recognized that the plaintiff lent the above money to the defendant, the plaintiff kept the total sum of 35,042,360 won for the vehicle lease, 100,000,000 won for the apartment lease deposit, and 173,80,000 won for the premium for the on-site restaurant, so the defendant is obligated to pay the plaintiff the total sum of 308,842,380 won for the above money for the deposit and delay damages.

B. The conjunctive claim is that the Defendant is liable for damages due to illegal acts equivalent to the above money, since the Plaintiff accessed the Plaintiff while knowing that he was the father-Nam, and acquired or embezzled the said money by taking advantage of internal relations.

2. Determination

A. 1) A loan for consumption is established when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return such kind, quality, and quantity as such (Article 598 of the Civil Act). Since a contract is established when one of the parties entrusts the other party with the custody of money, securities, or other things and consent thereto (Article 693 of the Civil Act), it is natural that there is an agreement between the other party as to such point (see, e.g., Supreme Court Decision 2010Da41263, 41270, Nov. 11, 2010). In cases of a transfer of money to another person’s deposit account, etc., the remittance may be made based on various legal causes, such as a loan for consumption, donation, repayment, etc.