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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. The parties' assertion
A. The Plaintiff lent 14,773,166 won in total to the Defendant as the name of repayment of bonds, payment of deposit, etc., and the Defendant is obligated to pay the above loan and the damages for delay to the Plaintiff.
B. The plaintiff and the defendant agreed to marry, and they were living together in the defendant's room. As such, the plaintiff paid the defendant's debt on behalf of the defendant or paid the studio monthly tax on the premise that the plaintiff will be married in the future.
Therefore, the plaintiff did not lend the above money to the defendant, and the defendant does not have a duty to pay the above money to the plaintiff.
2. Determination
A. Even if there is no dispute between the parties to the relevant legal principles as to the fact that money was received, the Plaintiff’s assertion that the loan was lent is proved by the burden of proof on the Plaintiff who asserts that the loan was lent.
(See Supreme Court Decision 2013Da73179 Decided September 15, 2015, etc.). B.
In this case, the Plaintiff transferred KRW 6 million to the Defendant on March 17, 2015. On June 5, 2015, the Plaintiff transferred KRW 2,723,451 on the same day and KRW 3,049,715 on June 8, 2015 to the lessor of studio, a resident of the Defendant, and KRW 2,723,451 on the same day, and KRW 3,049,715 on the repayment of the Defendant’s loan to the Defendant’s lending company on behalf of the Defendant’s lending company, or may be acknowledged by the dispute between the parties, or by the overall purport of arguments and arguments, as to whether the said money paid by the Plaintiff was a loan. 2) The following circumstances acknowledged by the purport of the entire statement and arguments as follows: (i) the Plaintiff and the Defendant prepared a loan certificate or agreed to transfer the interest, repayment period, and money between the Plaintiff and the Defendant; and (ii) the Plaintiff agreed to do so.