1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Facts of recognition

On January 7, 2016, the Plaintiff agreed to participate in the parking lot business of the Defendant and Busan Jin-gu, and transferred KRW 5 million to the account of C that visited the Plaintiff with the Defendant at the time of starting money, etc.

Then, the Plaintiff and the Defendant agreed not to operate the parking lot business, and the Defendant agreed to return KRW 5 million to the Plaintiff again (hereinafter “instant return agreement”).

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 and 2, and the facts of recognition as to the purport of the whole testimony and pleading of the witness D of the party concerned, the defendant is obligated to pay to the plaintiff the amount calculated by the ratio of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 13, 2018 to the date of complete payment, unless there are special circumstances.

The defendant asserts that this case's return agreement is not the party but the F, the head of E Association Busan.

In general, who is the party to the contract is a matter of interpretation of the intention of the party involved in the contract.

In a case where there is a difference between the parties regarding the interpretation of a juristic act, which becomes a problem in the interpretation of the intention of the parties, the contents of the juristic act, motive and background of such juristic act, the purpose to be achieved by the juristic act, the genuine intention of the parties, etc. shall be comprehensively

(See Supreme Court Decision 2016Da256999 Decided January 17, 2019). However, the following facts and circumstances revealed from the above evidence, i.e., (i) the Plaintiff, upon introduction of the Defendant, was operating the said parking lot business; (ii) the Plaintiff was at the present site of the Defendant at the time of remitting KRW 5 million to C under the name of the first starting money; and (iii) the Plaintiff was at the present site; and (iv) the Plaintiff was also at the time of the instant return agreement.