1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a company that supplies alcoholic beverages, and the Defendant is a person who operates a head office with the trade name of “C” and has been engaged in a transaction near the Plaintiff for a period of ten years.

B. On August 18, 2017, the Plaintiff deposited KRW 1 million, KRW 2 million on September 29, 2017, and KRW 3 million on the Defendant account as subsidies.

C. However, the Defendant terminated the transaction with the Plaintiff, and the Plaintiff demanded the Defendant to return the said money.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The assertion and judgment

A. The parties’ assertion argues that the Plaintiff is a subsidy paid under the condition that the said money will continue to be traded for at least three years after the payment, and that it should be returned as the Defendant received the subsidy and changed its customer since it did not fall under one year.

이에 대하여 피고는, 위 돈은 그 이전의 거래 기간 동안 원고의 주류 공급 가격이 다른 업체들에 비해 상대적으로 비쌌던 데 대한 보상 내지 배상으로 지급한 것으로서, 지급 당시 어떠한 조건도 없었다고 주장한다.

B. The fact that a juristic act subject to the condition of judgment was done shall be proved by the party who wishes to acquire the right.

However, even if all of the evidence presented by the Plaintiff was examined, there is no evidence to deem that the Defendant’s suspension of the transaction within a certain period as asserted by the Plaintiff at the time of the payment of subsidies was a condition to return the corresponding amount, and it is insufficient to recognize such conditions in full view of all the circumstances.

(The fact that the plaintiff did not prepare an agreement at the time of the payment of the subsidy is the person himself/herself). 3. Thus, the plaintiff's claim should be dismissed as there is no reason, and the judgment of the court of first instance is unfair.

Therefore, the defendant's appeal is accepted, and the judgment of the first instance is revoked, and the plaintiff's claim.