1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Summary of the parties' arguments

A. On January 25, 2007, the Plaintiff loaned 1% interest per month on the part of the Defendant’s lending of the money invested in shares to the Plaintiff and then borrowed 20 million won to the Plaintiff. The Defendant is obligated to pay 20 million won and delay damages to the Plaintiff.

B. The amount of KRW 20 million that the Plaintiff transferred to the Defendant on January 25, 2007 is paid by the Plaintiff and the Defendant as a honorarium for C who received advice on stock investment.

The defendant, on January 17, 2007, paid a honorarium of KRW 50 million to C on January 17, 2007 under the name of his spouse D, with the plaintiff's intention to transfer the honorarium after the first payment, and received the honorarium of KRW 20 million from the plaintiff, so there is no obligation to pay the plaintiff KRW 20 million.

Even if the Plaintiff assumed that he lent the above money to the Defendant, the Plaintiff’s claim for the loan expired with the lapse of the extinctive prescription period for commercial matters or the ten-year extinctive prescription period.

2. According to the judgment on the cause of the claim No. 1, it is recognized that the Plaintiff remitted KRW 20 million to the Defendant’s account under the name of the Defendant on January 25, 2007.

However, the following circumstances, namely, ① there is no loan certificate between the Plaintiff and the Defendant, and the Plaintiff did not demand payment by content-certified mail, etc. even though it was not paid only once the principal and interest was paid from the Defendant for about 10 years prior to the date of the application for the instant payment order on November 17, 2016, ② the Plaintiff and the Defendant made a stock investment with the expert C’s advice. At the time, the Plaintiff and the Defendant showed a large amount of profits by investing in the stocks with the advice of C around the end of 2006, and the profits were deposited from January 16, 2007 to the stock account from January 17, 207, ③ the Defendant deposited the funds into the stock account from January 17, 2007.