1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. The Plaintiff is a person who engages in trade business or wholesale and retail business under the trade name of “C,” and the Defendant became aware of the secondary seller’s identity compared to the fact that the primary exporter was a secondary seller.

B. On May 12, 2017, the Plaintiff transferred KRW 24,000,000 to the Defendant’s D’s account, and received KRW 4,00,000 from the Defendant on June 13, 2017.

On June 14, 2017, the Plaintiff remitted KRW 12,000,000 to D’s account.

C. Around June 27, 2017, the Plaintiff received a heavy bus from the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 2 and 7, the purport of the whole pleadings

2. Determination

A. As to the cause of the claim, the Plaintiff asserts that all the remitted money transferred to the Defendant’s side is a loan, and that KRW 4,000,000, which was received from the Defendant on June 13, 2017, is a interest, and the Defendant asserts that the money transferred from the Plaintiff was the cost of purchasing the used bus.

In light of the following circumstances acknowledged by the evidence revealed in addition to the above facts, i.e., (i) the Plaintiff was aware of the defect in settling the money in exchange for the Defendant’s monetary loan in the Defendant’s spouse; (ii) the Plaintiff discussed the payment method in the currency with the Defendant, and discussed the payment method in exchange for the Defendant, and (iii) the Plaintiff lent KRW 5,000,000 to the Defendant on June 24, 2017, and was subject to a refund of KRW 5,000,000 to the Defendant on June 30, 2017. Thus, it is reasonable to view that the amount remitted by the Plaintiff to the Defendant as a loan, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the remainder of KRW 36,00,000,000, excluding the remainder of KRW 6,000,000, excluding the remainder of KRW 36,000 that the Plaintiff was paid as payment in kind.

B. The money that the plaintiff sent to the defendant as to the defendant's argument is KRW 9,00,000 per unit.