1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

1. The fact that there is no dispute that the Plaintiff deposited the Defendant’s account, which he/she owns, in his/her own account, KRW 6 million on September 21, 2015, KRW 1.5 million on November 30, 2015, KRW 300,000 on December 3, 2015, KRW 100,000 on December 5, 2015, KRW 500,000 on June 10, 2016, KRW 8.43 million on July 22, 2016 (hereinafter referred to as “instant money”), does not conflict between the parties.

2. The plaintiff's assertion and judgment as to the plaintiff

A. The Plaintiff asserted that the Plaintiff lent the instant money to the Defendant.

Even if it is not recognized that the above money was lent to the Defendant, this constitutes a gift without written consent, and thus the intention of donation is withdrawn. Thus, the Defendant is obliged to pay 8.43 million won and delay damages to the Plaintiff.

B. Determination 1) First of all, the burden of proof of the fact of a contract for a loan for consumption is the Plaintiff who asserts its effect (see, e.g., Supreme Court Decision 2013Da12280, Jun. 14, 2013). Each of the items stated in subparagraphs 1 through 6 is insufficient to acknowledge that the Plaintiff lent the above money to the Defendant. There is no other evidence to acknowledge it. Thus, this part of the Plaintiff’s assertion is without merit. 2) Although the Defendant did not dispute the fact that the Plaintiff received the instant money from the Plaintiff, the Defendant did not have any influence on the part of the rescission of the donation, the Defendant did not have any duty to return the said money to the Plaintiff, notwithstanding the Plaintiff’s declaration of intention of rescission.

Therefore, the plaintiff's assertion on this part is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is dismissed as it is without merit.