1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

1. Facts of recognition;

A. On April 2, 2012, the Plaintiff transferred KRW 30,000,000, and KRW 20,000,000 to the Defendant’s same account on April 3, 2012 (hereinafter “instant money”).

B. From May 10, 2012 to February 4, 2013, the Defendant transferred KRW 9,000,000 to the Plaintiff via the Defendant’s said Nonghyup Bank account, and KRW 8,200,000 in total via the Defendant’s another Nonghyup Bank account (Account Number D; hereinafter “D account”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 3 (including paper numbers), part of the witness E at the trial, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that (1) the plaintiff is obligated to pay 50,000,000 won to the plaintiff and interest or delay damages for the amount of KRW 50,000,000 to the defendant as 4% of interest per month and six months after the due date.

(2) As to this, the Defendant claimed that the instant money was transferred from the Plaintiff through the Defendant’s account in the name of the Defendant, but this was only the money that the Plaintiff lent to F. Thus, the Defendant did not have an obligation to repay the instant money to the Plaintiff.

B. Comprehensively taking account of the following circumstances as revealed prior to the determination of the cause of the claim and the evidence No. B’s evidence No. 1 and the purport of the entire pleadings, the Plaintiff may be recognized as having lent KRW 50,000,000 to the Defendant 4% (monthly 2,000,000) per month and six months after the due date for payment, respectively (hereinafter “the instant loan”). Thus, the Defendant is liable to pay the Plaintiff a loan of KRW 50,00,000 and interest or delay damages thereon.

(1) The Defendant’s account under the name of the Defendant is operated by the Defendant for personal use, and the D account is operated by F.