1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. On June 24, 2014, the Plaintiff transferred KRW 50,000 to the Defendant.

B. The Defendant remitted money to the Plaintiff as follows.

1) On March 24, 2015, KRW 250,000 ( KRW 250,000) KRW 3,50,000 on August 24, 2014) KRW 4,250,000 on September 24, 2014 ( KRW 4,50,000) KRW 550,00 on October 24, 2014) KRW 6,00 on November 24, 2014 ( KRW 7,50,00 on December 27, 2014) and KRW 1,50,000 on March 24, 2015 [Grounds for recognition] subparagraph 1 (a) and subparagraph 1 (including the land number; hereinafter the same shall apply) and subparagraph 1 (a).

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff lent KRW 50 million to the Defendant.

Although there was no explicit agreement at the time of lending, the defendant himself paid 1,250,000 won interest equivalent to 2.5% per month to the plaintiff for some period.

In addition, since the defendant does not pay 50 million won the principal, he/she is entitled to return it.

B. The Defendant’s assertion that the Plaintiff invested the above KRW 50 million in the Defendant’s business, and that the Defendant paid a certain amount of money, including KRW 1.250,00,00, to the Plaintiff is merely to demand that the Plaintiff, since July 2014, had decided to work as a main agent at the research institute operated by the Defendant, but without any guidance, paid the Plaintiff KRW 1,250,000,000, a monthly wage, for a given period of time.

In addition, the above 50 million won cannot be paid at present because there is no profit of the research institute operated by the defendant.

3. Determination

A. In full view of the following facts and circumstances, the Plaintiff’s remittance of KRW 50 million ought to be deemed as a loan, taking into account the following facts and circumstances that can be acknowledged by comprehensively taking into account the respective descriptions of evidence Nos. 2 and 1, 2, and 4 of the said KRW 50 million.

① In an investment contract, the timing of return of investment money, profit, and allocation of losses are important. As such, it is difficult to view the said KRW 50 million as the investment money, deeming that there exists no investment contract stipulating such details.

On the other hand, however, it is.