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 defendant is obligated to pay the above money and the delay damages to the plaintiff, since he lent the money of this case to the defendant.

It was true that the Defendant received the instant money from the Plaintiff. However, since the Plaintiff and the Defendant decided to operate a entertainment room, they received an investment money from the Plaintiff as an installation fund, such as electric fire-fighting inspection, purchase of merchandise coupons machinery, etc., the Plaintiff’s assertion is unjust.

2. Where a person transfers money to another person’s deposit account, etc., the remittance may be made based on a variety of legal causes. Therefore, the fact that the money transferred by the Plaintiff to the Defendant is a loan under a monetary loan contract (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972) shall be proved by the Plaintiff asserting that the said money is a loan under a monetary loan contract (see, e.g., Supreme Court Decision 72Da221, Dec. 12, 1972). Where the parties concerned have not prepared a contract or a loan certificate, and it is unclear whether the money transfer occurred under a loan contract or based on an investment contract, etc.

According to each of the statements in the evidence Nos. 1 and 2, there is no dispute between the parties or according to the plaintiff's evidence Nos. 1-1 and 2, the plaintiff may recognize the fact that the plaintiff remitted to the defendant the total of KRW 13,000,000 (hereinafter "the money of this case") on January 23, 2013, and the total of KRW 13,000,000 on January 28, 2013.

However, the above facts alone are insufficient to recognize that the money remitted by the plaintiff to the defendant was the money loaned by the plaintiff, and there is no other evidence to acknowledge it.

Rather, comprehensively taking account of the description of No. 1 and the purport of the entire pleadings as to the testimony of the witness C of the party trial, the Defendant is an adult entertainment room called “E” on the second floor of D’s building from July 2012 to Silung-si.