A. On October 7, 2013, the Plaintiff remitted total of KRW 20 million to the Defendant, KRW 10 million on November 201, 2013, KRW 10 million on January 7, 2014, KRW 70 million on January 8, 2014, and KRW 70 million on January 8, 2014.

B. On November 1, 2013, the Defendant established C Co., Ltd. (hereinafter “Non-Party Company”) with the business purpose of planning, production, agency, etc. and became the representative director.

C. The Defendant received text messages from the Plaintiff on the payment of interest, and transferred the amount equivalent to the above interest to the Plaintiff, respectively, on seven occasions from February 10, 2014 to May 19, 2014, under the name of the Defendant or Nonparty Company.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, purport of whole pleadings

2. The assertion and judgment

A. The Plaintiff’s assertion 1) In the first place, around October 7, 2013, the Plaintiff wired the amount of KRW 20 million and KRW 10 million on November 20, 2013 to the Defendant as the fund for the establishment of the non-party company, and thereafter, wired the amount of KRW 10 million on January 7, 2014 and KRW 30 million on January 8, 2014 to the Defendant without any obligation to pay the Plaintiff the amount of KRW 70 million from January 9, 2014 to the day of full payment. Accordingly, the Defendant unilaterally demanded the Plaintiff to pay the Plaintiff the amount of KRW 70 million and delay damages from KRW 70 million to the day of full payment. Even if there was an agreement on guaranteeing the principal of the loan, the Defendant did not have any obligation to pay the Plaintiff the amount of KRW 70 million from around 70 million to the day of full payment, and thus, the Defendant did not have any obligation to pay the Plaintiff the amount of KRW 300 million and delay damages from 214.

B. Determination 1) The above facts recognized and evidence Nos. 3, 5, 7, 8, and 9 (part of the arguments) are shown.