1. The defendant's appeal is dismissed.

2. The total cost of the lawsuit (other than the costs of appeal by the plaintiff) after the filing of the lawsuit.

1. After remanding, the Plaintiff brought a claim for a partnership agreement, a loan claim, and a purchase-price claim against the Defendant. The first instance court dismissed all of the claims for a partnership agreement, and partly accepted the loan claim.

Although both the Plaintiff and the Defendant appealed against the judgment of the first instance, the first instance court prior to the remand dismissed all the appeals of the Plaintiff and the Defendant. Accordingly, only the Defendant appealed against the judgment prior to the remand, the Supreme Court accepted the Defendant’s appeal on the grounds that the judgment prior to the remand omitted the judgment on the Defendant’s counterclaim.

Therefore, since the portion of the claim for the business contract and the claim for the payment of the purchase price, which was not filed for the appeal, is independently confirmed, the subject of the judgment after the remand is limited to the loan claim of the plaintiff.

2. The reasoning for the court’s explanation on this part of the basic facts is the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited by the main text of Article 420 of the Civil Procedure

3. Determination on loan claims

A. As to the cause of the claim, the Plaintiff asserts that 52,108,574 won out of 133,068,266 won paid under the instant agreement was loaned to the Defendant, so the Defendant is obligated to pay the Plaintiff the above loan amounting to KRW 52,108,574 and damages for delay.

In light of the above facts, the plaintiff lent 52,108,074 won (the difference between 52,108,574 won and 52,108,574 won of the plaintiff's assertion as to the plaintiff's error in the plaintiff's calculation) to the defendant pursuant to Article 1 (4) of the Agreement on the Trade of this case, and the defendant shall pay 52,108,074 won to the plaintiff within 20 months from the date of commencement of sale of timber under the agreement on the trade of this case, and if the agreement on the trade of this case is terminated, it shall be immediately returned to the plaintiff.