1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.

2. The defendant-Counterclaim plaintiff's counterclaim filed by this court.

1. Basic facts

A. On February 5, 2010, the Defendant entered into a sales contract with C to purchase (204, 704, 704, and 61,000,000,000,000 won for the part payment (25,000,000,000) and agreed to transfer to C’s account until February 10, 2010.

B. On behalf of the Defendant, the Plaintiff transferred KRW 18 million to C’s account on February 9, 2010 on behalf of the Defendant.

C. C on March 11, 2010, completed the registration of ownership transfer with respect to the above real estate to the Defendant.

On July 31, 2013, the Plaintiff remitted KRW 17 million to the Defendant.

E. From November 20, 2007 to February 10, 2016, the Defendant remitted total of KRW 11,494,000 to the Defendant’s Agricultural Cooperative and Daegu Bank Account, as shown in the attached Table, to the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 11 and 12 (including numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) The Plaintiff, who was living together on February 3, 2010, lent money to the Plaintiff for the purchase of 204 Dong 704, Dong-si Building 204 and 704. On February 9, 2010, the Plaintiff lent KRW 18 million to the Defendant by means of remitting only 18 million to the seller of the above apartment building C. On July 9, 2010. On July 31, 2013, the Defendant requested the Defendant to lend money for the purchase of the Defendant’s punishment. On July 31, 2013, the Plaintiff lent KRW 17 million to the Defendant on July 31, 2013. However, the Plaintiff did not borrow KRW 40 million from the Defendant.

The Plaintiff’s transfer of money of KRW 7-8 million per month to the Defendant from October 2004 to 2009 is not a nominal interest for KRW 40 million, but a payment is made under the name of the Plaintiff and the Defendant’s living expenses.

The amount of remittance to E/F claimed by the Defendant that he paid off the Plaintiff instead of the Plaintiff is all the Defendant paid the borrowed money with the need of the Company’s operating funds or apartment purchase funds.

3. The sum of the Defendant’s transfers to the Plaintiff 10 million won.