1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is dismissed.

1. The plaintiff's assertion

A. The Defendant demanded that the Plaintiff make an investment in a multi-level company, “C” and “D,” while guaranteeing high income.

As the Plaintiff refused the Defendant’s demand for investment, the Defendant said that the Defendant would be liable for the principal of investment, and deposited the investment in the Defendant’s account.

Accordingly, with the intent of lending KRW 8,800,000 to the Defendant, the Plaintiff deposited KRW 8,800,000 in the Defendant’s account as shown below.

on April 28, 2015, the payment date of 1,300,000 C Investment Money paid from the Plaintiff’s account on May 5, 2015 to the Plaintiff’s account for payment of the amount deposited by the Plaintiff to the Defendant on April 1, 2015, the payment for 8,800,000 〃 50,000 on May 5, 2015 was made from the E account on May 13, 2015, the 〃 1,300,000 D Investment Money on June 31, 2015, the 〃 〃 〃 400 on June 31, 2015 on July 22, 2015.

B. The Defendant is obligated to return the above loan amount of KRW 8,800,000 to the Plaintiff.

At least, the Defendant agreed to return KRW 8,800,000 to the Plaintiff upon receiving the Plaintiff’s demand for the repayment of the principal at the time of the deposit of the investment money, and accordingly, the Defendant is obligated to return the said KRW 8,800,000 to the Plaintiff according to the agreement.

2. Determination of the Plaintiff as above 1. A.

The fact that 8,800,000 won was paid as stated in paragraph (1) does not conflict between the parties.

However, as shown below in detail, the evidence submitted by the Plaintiff alone was an agreement between the Plaintiff and the Defendant for a monetary loan.

It is insufficient to recognize that the Defendant agreed to return the investment amount to the Plaintiff, and there is no other evidence to acknowledge it.

The plaintiff's assertion is not accepted.

In full view of the following circumstances, the Defendant lent KRW 8,800,000 to the Plaintiff.

It seems that money will be invested in multi-level companies rather than in this case.

① Around the time the Defendant received money from the Plaintiff, the Defendant transferred money to F and G accounts as follows, which appears to be related to the multi-level investment.

Plaintiff

In addition, it is also true.