A. On September 1004, the Defendant entered into a contract with the Plaintiff who represented C and D to purchase from C and D, E and one parcel (hereinafter “the instant forest”) for the purchase of the price of KRW 260,000,000 for KRW 260,000,000 (hereinafter “instant contract”) and completed the registration of ownership transfer for the instant forest on September 10, 2004.

The instant sales contract provides that “The site at the bottom of the drawing of the forest land of this case (7m) shall be jointly developed and used, and the seller shall perform civil construction works (road construction works).”

B. The Defendant borrowed KRW 50 million from the Plaintiff at the time of purchasing the instant forest on September 8, 2004 under the name of the Defendant (hereinafter “the instant cash storage”) and there was a cash storage document (hereinafter “the instant cash storage document”) dated September 8, 2009, stating that “The Defendant borrowed KRW 50 million from the Plaintiff at the time of selling the instant forest.”

(A) Evidence No. 1 (c)

The defendant paid 18 million won to the plaintiff around June 2010.

The Defendant sold the instant forest land to F and G on September 3, 2013, and completed the registration of ownership transfer concerning the instant forest land in F and G on October 31, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 7 through 9, 13 (including each number), witness H's partial testimony, and the purport of the whole pleadings

2. The assertion and judgment

A. On September 2004, the Plaintiff lent KRW 50 million, which is part of the purchase price under the instant sales contract, to the Defendant. The Plaintiff delayed the payment of KRW 50 million, and the Plaintiff demanded the cash custody from the Defendant on September 8, 2009. The Plaintiff received payment of KRW 18 million from the Defendant on June 6, 2010. Accordingly, the Defendant has to pay the remaining loan amount of KRW 32 million and delay damages therefrom to the Plaintiff. (2) The Defendant did not borrow KRW 50 million from the Plaintiff, and the cash custody of this case was issued.