1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff and the Defendant became aware of the fact in a golf practice range around 2012.

B. The Plaintiff transferred a total of KRW 33 million (hereinafter “the instant money”) to the Defendant eight times as indicated below (hereinafter “the instant money”).

The amount paid on the date of payment shall be KRW 30 million in total, KRW 1 million on April 27, 2016; KRW 6 million on April 29, 2016; KRW 6 million on April 29, 2016; KRW 6 million on May 2, 2016; KRW 6 million on May 2, 2016; KRW 30 million on May 2, 2016; KRW 5 million on May 2, 2016; KRW 30 million on May 26, 2016; KRW 33 million on May 26, 2016; and the purport of all pleadings and arguments by Party A [based]

2. The assertion and judgment

A. As to the assertion that the Plaintiff lent the instant money to the Defendant, the Defendant asserted that around April 2016, the instant money in the name of the down payment should be confiscated since the Plaintiff unilaterally terminated the contract for the business transfer of convenience store, and that the instant money in the name of the down payment should be entirely confiscated, by deciding to transfer the business rights, etc. of the convenience store (hereinafter “instant convenience store”) operated by the Defendant to the Plaintiff at KRW 70 million.

B. 1) In full view of the following circumstances, it is reasonable to view that the Plaintiff was a loan in the name of the instant monetary interest that the Plaintiff paid to the Defendant, taking into account the determination as to the cause of the claim, the above fact of recognition, and the evidence revealed as a whole. A) The Plaintiff loaned KRW 3 million out of the instant monetary interest from the time to May 2, 2016 upon the Plaintiff’s request to lend the money to purchase E’s stocks at around five years (2012) before the Defendant and the Plaintiff came to know and became aware of in the golf driving range, and around April 27, 2016 at the time, the Plaintiff lent KRW 3 million from the instant monetary interest to May 2, 2016.