1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff transferred total of KRW 40,000,000 on November 7, 2005 to the bank account under the name of the Defendant, and KRW 10,000,000 on November 10, 2005, and KRW 20,000 on November 15, 2005.

B. On November 7, 2005, the Plaintiff drafted a certificate of borrowing that the Plaintiff loaned KRW 10,000,000 to the Defendant with interest rate of KRW 5.5% per month, delay damages, 66% due date, and December 7, 2005.

C. On the other hand, on November 11, 2005, the Plaintiff and the Defendant invested 50:50 investments, and the Defendant’s management of entertainment taverns located in Cheongju-si and operated Cheongju-si in substantial C. From December 11, 2005 to settle profits and losses on December 22, 2005, 22, 2, and 12 (10 days) (hereinafter “instant agreement”).

On February 18, 2006, the Plaintiff and the Defendant operated the said entertainment tavern business as a partnership business, and paid KRW 960,000 to the Defendant, and terminated a contract for entertainment tavern business, and the Defendant agreed to transfer all rights to the said entertainment tavern to the Plaintiff (hereinafter “instant agreement”).

[Ground of recognition] Facts without dispute, Gap evidence 2, 11, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that 40,000,000 won that the Plaintiff transferred to the bank account under the name of the Defendant was leased to the Defendant. As such, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 40,000,000 and delay damages.

B. The defendant's assertion that he did not borrow money from the plaintiff, but entered into a contract with the plaintiff to work together with the entertainment tavern, and received 40,000,000 won from the plaintiff under the same business contract.

However, on the ground that the plaintiff's interest is less than his own investment amount and there is a large amount of credit, the defendant transferred all rights to entertainment tavern to the plaintiff, and the plaintiff transferred 40,000,000 won to his own investment.