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 plaintiff asserts that the plaintiff, upon C's request by the workplace partner C, would receive interest from the defendant who was a male-gu of C and lent a total of KRW 25,00,000.

In this regard, the defendant asserts that the plaintiff only invested in D through the defendant and that there was no fact of borrowing money from the plaintiff.

2. Where cash is paid by transferring money to another person’s deposit account, etc., the payment of such money can be based on a variety of legal causes. Therefore, the party asserting that the money paid is a loan has the burden of proof.

According to the statement in Gap evidence No. 1, it is recognized that the plaintiff remitted the money of this case to the defendant's deposit account on November 10, 2015, and KRW 25,000,000 on March 30, 2016 (hereinafter referred to as "the money of this case"), however, in light of the following circumstances acknowledged by comprehensively taking account of the overall purport of arguments in the statement in Eul evidence Nos. 1 through 3 and 5, the above facts alone are insufficient to recognize that the plaintiff lent the money of this case to the defendant, and there is no other evidence to prove otherwise.

The plaintiff's claim is without merit.

① On November 12, 2015, the following day after receiving a remittance of KRW 20,000,000 from the Plaintiff, the Defendant remitted KRW 35,00,000 to D, and the Defendant immediately thereafter concluded an investment contract with the content that D and 47,755,000,00 as of November 15, 205, shall be invested by no later than February 15, 2016, and D shall be distributed a part of profits, and the principal of the Defendant’s investment shall be guaranteed in full.

② Before the filing of the instant lawsuit, the Plaintiff falsely concluded that, if the Defendant invested money in around November 10, 2015, 50% of the principal and profit will be paid until the mid-term order of February 2016 by making equity investment in the said money. If the Plaintiff invests KRW 5,00,000 in the said amount around March 30, 2016, the sum of the first invested amount and the profit will be paid up to the mid-term order of April 2016.