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 parties' assertion

A. On August 2017, the Plaintiff issued a cashier’s check and a cash amount of KRW 10 million to the Defendant on December 30, 2017, setting the due date as the lease deposit of the house living together with the Defendant, and lent KRW 13 million to a bank account in the name of the Defendant by transferring KRW 2 million to a bank account in the name of the Defendant.

Even if the above KRW 13 million is not a loan but a donation, it constitutes a donation not made in writing, and thus, is cancelled.

Therefore, the defendant is obligated to pay to the plaintiff KRW 13 million and delay damages.

B. The defendant only received KRW 10 million from the plaintiff as the lease deposit for the house living together with the plaintiff, and used the above money as the lease deposit, etc. at the director's expense, and not borrowed the above money.

2. Determination

A. Even if there is no dispute as to the fact that a party gave and received money between the parties to the judgment on the assertion of a loan, the Plaintiff bears the burden of proving that the lending was made (see, e.g., Supreme Court Decisions 2014Da26187, Jul. 10, 2014; 2017Da37324, Jan. 24, 2018). The Plaintiff issued a cashier’s check of KRW 10 million to the Defendant around August 8, 2017 and transferred KRW 2,00,000 to the C Bank account in the name of the Defendant on the 22th of the same month. However, there is no dispute between the parties, on the other hand, even if the Plaintiff’s assertion was not clearly disputed between the parties, or can be seen in full view of the overall purport of pleading, namely, the Plaintiff’s payment of the said money to the Defendant as a lease deposit by seeking to live together with the Plaintiff, and as long as the Plaintiff actually lived with the Plaintiff and the Plaintiff, the Plaintiff’s residence.