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

Since the defendant paid only KRW 30 million among them on January 3, 2010, the defendant is obligated to pay to the plaintiff KRW 11.4 million and delay damages.

In addition, as the Defendant agreed to pay KRW 100 million to the Plaintiff by May 2015, the Defendant is obligated to pay KRW 100 million and delay damages to the Plaintiff pursuant to the agreement.

2. Determination

A. The burden of proving whether the amount paid by one party in the monetary transaction between the parties to the judgment on the allegation of loans is a loan is the person who asserts that the amount is a loan.

According to the statement in Gap evidence Nos. 1 through 3, each of the following facts can be acknowledged: (a) the plaintiff remitted a total of KRW 130 million to the bank account of defendant or defendant's children; and (b) the plaintiff requested the defendant to return some of the money that the plaintiff remitted to the defendant.

(2) The Plaintiff’s payment of the said money to the Defendant is not sufficient to deem the said money as a loan, and there is no other evidence to acknowledge it otherwise.

i) On the other hand, the Defendant borrowed KRW 30 million from the Plaintiff on March 6, 2008 and repaid it. The remainder amount is consistently asserted that C, a stock company operated by the Plaintiff, received the payment in good faith for the Defendant to enter into a goods supply contract with E, a stock company established with D, etc., and ii) the Plaintiff did not have any assertion regarding the payment period or interest agreement, and iii) the Plaintiff continues to engage in the transaction with E, even though the Plaintiff did not have any reason for not paying the last more money to the Defendant on September 6, 2009, although the Plaintiff continued to engage in the transaction with E, the Plaintiff did not claim that there is no reason for not paying the last more money.