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

A. The Defendant, around March 2008, invested in the performance business conducted by C and requested the Plaintiff to lend money to the Plaintiff. The Plaintiff lent KRW 130,000,000 to the Defendant on March 10, 2008 and March 11, 2008, and received reimbursement of KRW 40,000,000 from the Defendant on October 27, 2008.

On March 2009, the Plaintiff should make an investment of KRW 50,000 from the Defendant to C, and thus, upon receiving a request to lend money, the Plaintiff additionally lent KRW 50,000,000 on March 23, 200.

After that, the Plaintiff received reimbursement of KRW 20,000,000, out of the above KRW 50,000.

The Plaintiff received additional 16,00,000 won in total from May 24, 2010 to August 8, 2011 from the Defendant, but did not receive the remainder of 104,000,000 won. The Plaintiff claimed against the Defendant for the payment of the said KRW 104,00,000 and damages for delay.

B. The amount transferred by the Plaintiff to the Defendant is not that of lending to the Defendant, which is the amount invested in the performance business of C through the Defendant, after hearing the words of performance business of C from the Defendant.

2. Determination

A. According to Gap evidence Nos. 1, 4, and Eul evidence Nos. 1 (including paper numbers), the plaintiff remitted to the defendant the amount of KRW 100,00,000 on March 10, 2008, KRW 30,000 on March 11, 2008, KRW 50,000 on March 23, 2009, KRW 40,000 on March 23, 2009, KRW 10,000 on May 24, 2010, KRW 5,000 on May 6, 200, KRW 00 on May 10, 201, KRW 10 on August 10, 200, and KRW 30 on March 20, 200 on each of the above facts that the plaintiff was remitted to the plaintiff.

B. A loan for consumption is established when one of the parties agrees to transfer the ownership of money and other substitutes to the other party, and the other party agrees to return the same kind, quality and quantity (Article 598 of the Civil Act). As to the above point, there is an agreement between the parties.