2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

A. At the end of 2016, the Defendant promoted a business to obtain the right to entrusted operation of a D hotel with C, but requested the Plaintiff to assist because the fund was required during the course. On November 21, 2016, the Plaintiff remitted KRW 200,000 to the Defendant.

The defendant transferred the above money to the account in the name of E Co., Ltd. (the company actually operated by C, which was established to carry on the above business; hereinafter referred to as “E”).

B. The Defendant requested the Plaintiff to assist with additional funds, and the Plaintiff received a loan from the Plaintiff’s father’s father’s name as collateral and transferred KRW 260,000,000 from the Plaintiff’s father’s account to the account in the name of F Co., Ltd. (hereinafter “F”), on December 20, 2016.

C. On December 2, 2016, the Defendant and C’s effort to obtain the right to entrusted operation of the D hotel was failed, and thereafter, on January 2, 2017, the Plaintiff concluded a contract with the Defendant and C to purchase the Plaintiff’s land of J (hereinafter “H”) from H (hereinafter “instant sales contract”) at KRW 2,500,000,000 with the money of H (hereinafter “the instant down payment”) to the down payment of KRW 200,000,000,000 with the money of H (hereinafter “the instant down payment”).

After that, until March 30, 2017, the remainder payment deadline under the instant sales contract, the Plaintiff and F did not receive the down payment amounting to KRW 2,300,000,000, and the Plaintiff and F did not receive the down payment from H.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9, Eul evidence Nos. 3 through 6, 10 (which include each number, and which does not specify; hereinafter the same shall apply), testimony and pleading of witness G of the first instance trial.