1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Claims concerning the cause of the instant claim

A. The Plaintiff was a professional operator of the shopping mall G located in Busan District. The Defendant was a major shareholder of the said shopping mall. The Plaintiff loaned the Defendant a total of KRW 181 million over 11 times from June 12, 2007 to February 25, 2009. Of them, the Plaintiff was repaid KRW 60 million in total, including KRW 40 million on June 2, 2008 and KRW 20 million on August 8, 2008.

Therefore, the defendant is obligated to pay the remaining loans of KRW 120 million to the plaintiff and delay damages.

B. The defendant did not lend KRW 181 million to the defendant, but invested in the company of this case in order to carry on the distribution business with the "J" license granted by the "J" corporation C (hereinafter "the company of this case").

2. Determination

A. The plaintiff is responsible to prove that the remitted amount of this case is a loan for consumption.

(See Supreme Court Decision 72Da221 delivered on December 12, 1972). B.

(2) Comprehensively taking account of the purport of Gap evidence Nos. 2 through 6 (including number 2; hereinafter the same shall apply)'s testimony and part of K witnesses at the trial, the plaintiff remitted only the total amount of KRW 5 million on June 12, 2007 to D's account which is the representative director of the company of this case, KRW 3 million on July 10, 2007, KRW 25 million on December 17, 2007, KRW 5 million on March 11, 2008, KRW 200,000 on April 30, 2008, KRW 200,000 on April 1, 2008, KRW 200,000 on the manufacturing business, KRW 8 million on May 13, 2008, KRW 2008,000 on May 27, 2008, KRW 4008.7 million on the date of the sale.