1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).

The claims 1.1.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Plaintiff served as an insurance solicitor at the Gangnam-gu Headquarters C branch, Gangnam-gu, Gangnam-gu, Inc. on September 2012, and the Defendant served as an agent in the department where the Plaintiff served at the same branch.

B. On January 20, 2012, the Defendant remitted KRW 7 million to D’s deposit account. Of them, KRW 5 million was transferred to E’s deposit account on the same day, and the remainder of KRW 2 million was withdrawn in cash on the same day.

C. On March 2, 2012, the Plaintiff transferred KRW 1.1 million to the Defendant’s deposit account, and KRW 3 million to the same deposit account on March 13, 2012, respectively.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 and 3

2. The parties' assertion

A. On January 20, 2012, the Plaintiff’s assertion that the Defendant remitted KRW 7 million to E with D’s deposit account to lend money. After that, the Plaintiff’s demand to lend money to the Plaintiff and requested that the Plaintiff lend KRW 4.1 million to the Defendant on or around March 2012, the Defendant is obligated to pay the Plaintiff the money stated in the principal claim.

B. Around January 2012, the Plaintiff asserted that the Plaintiff was faced with difficulties, such as being placed in a place where a large number of insurance contracts solicited through E will become effective, and requested the Defendant to provide money. Accordingly, on January 20, 2012, the Defendant lent the said money to the Plaintiff by means of remitting KRW 7 million to D’s deposit account designated by the Plaintiff. Since the Plaintiff paid KRW 4.1 million around March 2012, the Plaintiff is obligated to pay the Defendant the money stated in the counterclaim claim.

3. Determination

A. The key issue of this case is whether the Defendant’s transfer of KRW 7 million to D’s deposit account on January 20, 2012 to the Plaintiff is the amount lent to the Plaintiff. To do so, the aforementioned evidence and evidence of No. 3, No. 2, No. 4, 5, 6, and 8, each of the statements and images of No. 2, No. 4, 5, 6, and 8, the testimony and video of the first instance trial witness F and the Korea Exchange Bank of this Court.