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 August 17, 2009, the Plaintiff, the Defendant, and C entered into a partnership agreement with the content that they jointly operate a restaurant in the name of “E” at the 1st floor store underground (hereinafter “instant store”) of the shopping mall located in Y in YYD in the following cities: (a) the name of the said restaurant is the Plaintiff; and (b) the former bank account (AccountF; hereinafter “instant account”) in the name of the Plaintiff was used as the business account.

B. On August 18, 2009, the Plaintiff, the Defendant, and C invested KRW 30 million in the instant account by means of remitting it to the instant account. The Plaintiff, and C invested the said money by additionally remitting KRW 20 million on September 1, 2009 to the instant account.

C. On September 8, 2009, the Plaintiff transferred KRW 20 million from the national bank account (Account Number G) in the Plaintiff’s name to the Defendant’s account (hereinafter “instant money”). The Defendant wired KRW 20 million to the instant account on the same day.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 5, and 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff asserted that he lent the instant money to the defendant, and that the plaintiff claimed to pay the remainder of the loan 14 million won and damages for delay with the exception of the amount paid by the plaintiff. In this regard, the defendant asserted that the instant money is nothing more than the investment amount for the instant partnership agreement and it is not a loan.

B. The following circumstances, i.e., (i) the Plaintiff, the Defendant, and C, when entering into a partnership agreement, appears to have agreed to have agreed to have 1/3 each of their investments and shares, and the cost-bearing; (ii) the Plaintiff, the Defendant, and C have invested KRW 30 million in the first place; and (iii) the Defendant agreed to additionally invest KRW 20 million in the second place. Accordingly, the Defendant received the instant money from the Plaintiff.