1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Determination as to the cause of claim

A. According to the purport of Gap evidence No. 1 and the whole pleadings, it is recognized that the plaintiff remitted to the defendant the amount of KRW 48 million on March 20, 2008, and the amount of KRW 288 million on April 1, 2008.

Therefore, barring special circumstances, the Defendant is obligated to pay the principal borrowed as above and the damages for delay to the Plaintiff.

B. On March 21, 2008, the defendant remitted 53,64,00 won to the plaintiff's account from March 21, 2008 to December 31, 201. On December 31, 2010, the defendant remitted 5 million won to the plaintiff's account from the defendant's mother's account. From March 31, 201, the defendant paid 43,70 million won to the plaintiff in cash from March 2008 to February 2, 2010, the defendant issued 200,34,000 won for the above loan and 200 won for 20 million won for 30 million won for 20,000 won for 200 won for 300,000 won for 200,000 won for 300,000 won for 10,000 won for 20,000 won for 309.