1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Basic facts

A. The Plaintiff is a person who operates a manufacturer of infant goods with the trade name “D” from Kimpo-si C and 2, and the Defendant is a person who operates a seller of infant goods for young children with the trade name “F” in Goyang-si E.

B. On October 15, 2012, the Plaintiff transferred KRW 5,000,000 to the Industrial Bank of Korea account under the name of the Defendant.

C. From October 16, 2012 to June 14, 2013, the Plaintiff supplied goods for young children, etc. equivalent to KRW 19,871,40,00 in total to the Defendant as indicated in the following table. The Plaintiff received a total of KRW 16,80,000 from the Defendant and did not receive the remainder of KRW 3,071,40 in total.

On June 14, 2013, the Plaintiff sent to the Defendant by content-certified mail a document containing a statement of intent to pay the amount of KRW 8,071,400 (= KRW 5,000,000) to the Defendant by June 20, 2013, including the amount of KRW 5,000,000 and the unpaid amount of KRW 3,071,40 (= KRW 3,071,40).

(hereinafter “this case’s content certification”). 【No dispute exists, Gap evidence Nos. 1 and 2, Gap evidence Nos. 3-1 and 2, and the purport of the whole pleadings.

2. Determination as to the cause of action

A. The plaintiff asserts that he lent KRW 5,000,000 to the defendant, and that the defendant received the above KRW 5,000,000 from the plaintiff for the purpose of investment.

On October 15, 2012, the fact that the Plaintiff remitted KRW 5,00,00 to the account under the name of the Defendant on October 15, 2012 is as seen earlier, and the following circumstances, i.e., the Defendant sent a mobile phone message to the Plaintiff to the effect that the Plaintiff would pay money to the Plaintiff for the period of November on October 8, 2013, after the Plaintiff sent the certificate of content of this case to the Defendant, and ② the Defendant agreed to make an investment agreement with the Plaintiff to produce and sell a low-brupted one between the Plaintiff. However, the Defendant’s assertion is alleged.