A. On March 10, 2016, the Plaintiff engaged in the construction business, etc., concluded a contract with the Defendant to supply the Defendant with waste electric wires with approximately KRW 2.2 billion and the Defendant to pay the price for the supply thereof (hereinafter “instant contract”).

B. Under the instant contract, on March 11, 2016, the Defendant sent to the Plaintiff KRW 20 million to the account in the name of Nonparty C’s wife designated by the Plaintiff as an advance payment.

C. Since then, E, the Defendant’s actual owner, has not performed the instant contract, and it was directly stamped on July 5, 2017, 2017, that “D husband C received and confirmed KRW 20 million from DC on March 5, 2016, as it was paid in full on July 5, 2017.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. Determination

A. The Plaintiff’s determination on the cause of the claim was made on January 29, 2018, when the Defendant received an insurance policy from the Plaintiff even though he received the return of KRW 20 million in the name of advance payment, and sought confirmation that there is no obligation to return advance payment under the contract of this case. Thus, as seen earlier, the Defendant’s actual owner of the contract of this case, attached to the receipt certificate confirming that he received the return of KRW 20 million in the name of the advance payment. Therefore, it is reasonable to deem that there is no obligation to return advance payment against the Defendant, barring any special circumstances.

B. As to the determination of the Defendant’s assertion, the Defendant asserted that, although the actual owner of E did not receive KRW 20 million from C, he/she prepared a receipt certificate for the purpose of use in the relevant criminal case, but some corresponding witnesses G.