1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Basic Facts

On December 20, 2011, the Plaintiff entered into an agreement with D, an incorporated association (hereinafter “instant association”) on the establishment of a close cooperative system with mutual trust and mutual efforts to support the rights, interests, and self-reliance of persons with disabilities and to ensure sound funeral culture.

On December 23, 2011, the Plaintiff, in relation to the establishment of the “E”, which is a profit-making business entity of the instant Association, transferred KRW 20,000,000 as the aggregate of KRW 1,000,000 on the same day, and KRW 19,000,000 on December 26, 201, to the account under the name of the Defendant (Defendant).

B With respect to the repayment of KRW 20,000,000, the Plaintiff established “E”, which is a profit-making business entity of the instant Association, and then, upon entering into a contract between the Plaintiff and the said place of business with the said place of business, to offset the amount of subsidies for the promotion of the mutual aid project for the said place of business in lieu of the subsidies for the said place of business. If the establishment of the said corporation and the conclusion of the contract for the branch is known by March 1, 2012, B agreed that the said amount of KRW 20,000,000 shall be immediately repaid to the Plaintiff

In addition, on February 9, 2012, the Plaintiff prepared and delivered the loan certificate (hereinafter “each of the above two loan certificates”) from B, and transferred KRW 30,000,000 to the account in the name of the Defendant on February 10, 2012.

B Concerning the repayment of the above KRW 30,000,000, “F” as a profit-making business entity of the instant Association, after issuing a business license, shall offset the said business entity by substituting it with subsidies for the promotion of the mutual aid project. If the establishment of the said legal entity and the contract for the branch is not possible by March 1, 2012, B agreed that the above KRW 30,000,000 shall be immediately repaid to the Plaintiff, and the Defendant signed and sealed the said loan certificate as a joint guarantor.

[Ground of recognition] The parties to a judgment as to the non-contentious facts, Gap evidence Nos. 2 through 6, and 9, and the cause of the whole pleadings.