1. The defendant's appeal is dismissed.

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

3. Paragraph 1 of the judgment of the court of first instance is applicable.

1. The parties' assertion

A. The Plaintiff’s assertion made a loan to the Defendant as a business fund, despite the fact that the Plaintiff lent the amount of KRW 2 million to the Defendant on May 29, 2010, KRW 20 million on March 3, 2011, KRW 1 million on March 4, 2011, and KRW 5 million on April 1, 2011, the Defendant still failed to repay the said loan to the Plaintiff.

Therefore, the Defendant is obligated to pay to the Plaintiff the total amount of KRW 10.5 million (=2 million won in KRW 5.5 million) and damages for delay.

B. The Defendant’s assertion that the Plaintiff deposited KRW 10,50,000 in total to the Defendant’s bank account, but the said money is not lent by the Plaintiff to the Defendant, but invested in the “E farm company (EFARM CORP......... hereinafter “E farm company”)”, the Plaintiff’s husband C operated by D.

In other words, D was temporarily suspended construction due to the lack of business funds while establishing E farm companies and constructing mushroom farms in the Philippines in order to conduct mushroom cultivation and distribution business around June 2009.

Since then C decided to invest KRW 50 million in relation to the above farm company around 2010, and deposited KRW 10.5 million in the defendant's bank account using the plaintiff's bank account, but it did not deposit the remaining KRW 39.5 million.

As a result, D was unable to complete a mushroom cultivation house, and the defendant also invested KRW 200 million in D in relation to the above farm company.

Therefore, the plaintiff's claim of this case based on the premise that the plaintiff lent the above KRW 10.5 million to the defendant is without merit.

2. Determination

(a)In accordance with the facts without dispute, Gap evidence 1, Eul evidence 1 to 10 (including the number number; hereinafter the same shall apply), each statement of witness F, G, and C, according to the overall purport of the pleadings, the testimony and arguments of the witness F, G, and C: (i) to conduct mushroom cultivation and distribution business around June 2009, Eul incorporated the E farm company in the Philippines and constructed a mushroom cultivation company.