A. The Defendant, around December 2015, proposed that C acquire the right to operate the brine restaurant (hereinafter “instant brine restaurant”) at the construction site of the new building in Gwangju City, and that the Plaintiff operate the brine restaurant.

B. Accordingly, on December 20, 2015, the Plaintiff received a cash custody certificate from the Defendant that “the Defendant borrowed KRW 50 million from the Plaintiff” (hereinafter “the cash custody certificate of this case”) to the Defendant’s account, and deposited KRW 50 million into the Defendant’s account.

C. However, the Defendant did not acquire the right to operate the instant brine restaurant, and C was bound by the charge of fraud.

Meanwhile, the Plaintiff received 8 million won out of the down payment from Defendant or C’s land owner E.

[Ground of recognition] Facts without dispute, Gap 1, 2, 4, and 5's statements, the purport of the whole pleadings

2. The assertion and judgment

A. The meaning of the preparation of the cash storage certificate of this case argues that the plaintiff and the defendant agreed to operate the instant confect restaurant, so the plaintiff's 50 million won paid by the plaintiff is an investment deposit, and that the cash storage certificate of this case was prepared to confirm the fact that the defendant received the down payment from the plaintiff to C, merely because it was in the process of delivering the down payment received by the plaintiff to C, the plaintiff is not liable to return the above money to the plaintiff

However, according to the overall purport of Gap's evidence Nos. 3 and 5, even if the plaintiff paid the down payment, he told C to acquire the right to operate the instant brine restaurant from C, and the right to operate the instant brine restaurant.

Even before the payment of the down payment, the Defendant did not have any son at all, and only her friends about the acquisition of the right to operate the said fly restaurant from the Defendant, and ② the Defendant urged the Plaintiff to pay the down payment before the down payment is made, and the Plaintiff also demanded the Defendant to pay the down