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.

The fact that the Plaintiff remitted KRW 100 million to the Defendant’s account on April 20, 2010 does not conflict between the parties, or that it may be recognized by the statement of evidence A No. 1.

The plaintiff asserts that the above money was lent to the defendant as living expenses, but it is not sufficient to recognize it solely by the above remittance, and there is no other evidence to acknowledge it.

[Transfers made to another person's deposit account may be based on various legal causes. Thus, even if there is no dispute as to the fact that the funds are available between the parties, the reason that the Plaintiff received the funds is a loan for consumption, and the Defendant is liable to prove that it was received due to a loan for consumption if it is disputed (see Supreme Court Decisions 2012Da30861, Jul. 26, 2012; 72Da221, Dec. 12, 1972; 72Da11, No. 8-11, No. 222-3, No. 3, No. 3, No. 208, and No. 9, and No. 201, No. 2000, Nov. 12, 1972; 194, No. 2000, Nov. 19, 201; 201, Plaintiff No. 2014, Nov. 24, 2002>