1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

1. Judgment on the ground of the plaintiff's claim

A. The Plaintiff decided to jointly distribute profits by investing in real estate between the Defendant and the Defendant on April 22, 2005, and paid KRW 40,000 to the Defendant on or around April 22, 2005, and the Defendant was obligated to pay the Plaintiff the amount of the said investment to the Defendant and the delayed payment from the day of delivery of a copy of the complaint of this case, on the following grounds: (a) the Plaintiff requested the return of the said amount of the investment when the Plaintiff purchased the land of Taewon-gun, Chungcheongnam-gun, Chungcheongnam-gun, and was designated as an area subject to land transaction permission; and (b) the Plaintiff did not sell the said land; and (c) the Defendant agreed to return the said investment amount without fixing the due date for payment to the Plaintiff on or around 2006.

B. Furthermore, the plaintiff is the defendant around April 22, 2005.

The Defendant paid KRW 50,00,000 in excess of the money stated in the claim. The Defendant asserted that he agreed to pay the above money on April 22, 2006, and sought payment of KRW 50,000,000 to the Defendant and damages for delay from October 1, 2012. However, the above evidence alone is insufficient to acknowledge the fact that the Plaintiff requested payment of the above agreed amount to the Defendant on or before October 1, 2012 after the agreement between the above assertion and the above agreement between October 2, 2006, and there is no other evidence to acknowledge it, and the Plaintiff’s assertion in this part is not acceptable.

2. The defendant's defense is a defense that the plaintiff paid KRW 28,000,000 out of the above agreed amount to the plaintiff. Thus, the defendant paid KRW 5,000,000 to the plaintiff as a check around December 11, 2006 and remitted KRW 20,000 to the plaintiff's account around November 8, 2012, and paid KRW 3,000,000 to the plaintiff's account in cash. The plaintiff asserted that the defendant paid KRW 28,00,000 to the plaintiff in cash around the date of non-standing.