1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

[Claim]

1. On May 3, 2005, the Plaintiff transferred KRW 3,000,000 (hereinafter “instant money”) to the Defendant’s Han Bank Account (Serial number: C).

2. Determination on the cause of the claim

A. The plaintiff's assertion asserts that since the above KRW 3,00,000, which was remitted to the defendant, was loaned to the defendant according to the loan request by the defendant mother for raising the operation deposit, the defendant is obligated to repay the above loan to the plaintiff.

The defendant asserts that at the time of the plaintiff's assistance to the law firm, the defendant requested the plaintiff's entry to the defendant's friendship who works at the present time, and the plaintiff was employed as a result, and that the plaintiff paid the above money to the plaintiff's own answer.

Therefore, the instant money is not a loan to the Defendant, but a donation to the Defendant, and the Defendant did not have any obligation to return the said money to the Plaintiff.

B. (1) The Plaintiff’s act of remitting KRW 3,00,000, the instant money to the Defendant does not clearly reveal whether the objective meaning is leased or donated. As such, the parties’ motive and circumstance leading up to the juristic act, the purpose and genuine intent to be achieved by the juristic act, transaction practices, etc. shall be reasonably construed in accordance with logical and empirical rules, and the social common sense and transaction norms so as to conform to the ideology of social justice and equity, by comprehensively taking into account the motive and background leading up to the juristic act, the parties’ purpose and genuine intent to

In full view of the following circumstances, it is reasonable to view that the Plaintiff lent the instant money to the Defendant without setting the due date or interest on the part of the Defendant, taking into account each of the aforementioned evidence written.

Therefore, the Defendant is obligated to pay the instant money and damages for delay to the Plaintiff, barring special circumstances.

(1) A person who introduces a plaintiff through a chair.