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

3. The judgment of the court of first instance is subject to Paragraph (1).

A. The Plaintiff is a company that runs the liquor wholesale business.

The defendant is a person who has registered the type of business as a restaurant business in the name of "B", and C is the father of the defendant.

B. With respect to the Plaintiff’s supply of alcoholic beverages to “B”, the Plaintiff and C respectively drafted a trade agreement to which the Plaintiff and the Defendant are the parties (i.e., November 4, 2016) and a monetary tea contract (i.e., November 10, 2016), and the main contents are as follows.

The contract period: The defendant shall assist the defendant in the amount of five million won on Nov. 4, 2016 to Nov. 4, 2018 on the condition that he/she supplied only alcoholic beverages of the plaintiff and sold them.

3. Conditions for the repayment of subsidies: It shall be repaid for the ten-month period from December 10, 2016 to 500,000 won each month.

The creditor of the money borrowed contract: The amount borrowed by the plaintiff, the debtor: The amount borrowed by the defendant: 500,000 won: The repayment on November 10, 2016: 10,000 won each month from December 10, 2016.

C. On November 10, 2016, the Plaintiff transferred KRW 5 million to the Agricultural Cooperative Account under the name of the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 6, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff C, as the representative of the defendant, prepared the above transaction agreement and monetary loan contract with the plaintiff, and the defendant is responsible for paying 5 million won to the plaintiff. Since the plaintiff was paid 1.5 million won among the plaintiff, the defendant shall pay the remaining 3.5 million won and delay damages to the plaintiff.

B. A person who actually operates Defendant B is not the Defendant but the father C of the Defendant.

C operated “B” in the name of the Defendant, who is his father in bad credit relationship, and C is necessary to operate “B” and engage in alcoholic beverage transactions with the liquor company (i.e., the Plaintiff). The Defendant was aware that C was used to engage in alcoholic beverage transactions and only provided a passbook and a certificate of seal in the name of the Defendant, and if C was used to borrow money from the liquor company.