1. The part of the judgment of the court of first instance against the defendant shall be revoked.

2. The plaintiff's claim as to the above cancellation part is dismissed.

1. Basic facts

A. On December 8, 2009, the Plaintiff terminated the regular deposit at the Omympis’ cooperative after maturity and received KRW 10,663,456.

B. The Defendant remitted total of KRW 2,675,000 as shown in the attached Table nine times, including remitting KRW 100,000 on May 30, 2009 to the credit union account (Account Number C) in the name of the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 1 and 3 (including each number, if any, and each number; hereinafter the same shall apply), Eul evidence 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion 1) The plaintiff's summary of the plaintiff's assertion received KRW 10,63,456 on December 8, 2009. The non-party D's claim that the plaintiff lent KRW 5,000,000 to the defendant and lent KRW 5,000,000 to the defendant with interest rate of KRW 10,000 per month. Thus, the defendant is obligated to refund the loan amount of KRW 5,00,000 to the plaintiff. 2) The defendant's summary of the defendant's assertion did not borrow KRW 5,00,000 from the plaintiff on December 8, 2009.

However, on July 25, 2008, the Plaintiff borrowed KRW 8,000,000 from the Plaintiff as interest rate of 2% per month, and around May 2009, the Plaintiff repaid KRW 5,00,000 to the Plaintiff. On November 16, 2010, the Plaintiff exempted interest after November 16, 2010, and paid KRW 2,300,000 in total as shown in [Attachment Table 5-9] as principal repayment, and thus, the remainder of the loan remains merely KRW 70,00,00.

B. As to whether the Plaintiff lent KRW 5,00,000 to the Defendant on December 8, 2009, the following circumstances acknowledged by the aforementioned evidence and the entire purport of the pleadings, i.e., the Plaintiff’s assertion that the date and time of lending money to the Defendant was December 8, 2008 when filing the instant lawsuit, and the Plaintiff’s assertion that it was December 8, 2008, but continued to be consistent, such as the reversal of the assertion that it was December 8, 2009, and (2) the Plaintiff lent KRW 5,000,000 to the Defendant.