1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 33,00,000 and the Defendant’s payment thereof from July 14, 2013 to the Plaintiff.

1. Basic facts

A. The Plaintiff, the Defendant, and D (former E) are South Korea, and F are their mother.

B. On May 12, 2009, the Plaintiff withdrawn KRW 100 million from the account of his Namju Agricultural Cooperative (G) in two pages of cashier’s checks of KRW 50 million at par value (H and I), and opened two units of fixed deposit in the name of F (20 million and KRW 30 million) at the Gwangju branch of the Korea Investment Savings Bank Gwangju on the same day as one of which is the mother on the same day.

C. On May 12, 2009, the Plaintiff opened a deposit passbook in the name of F in the Gwangju branch of the Korea Investment Savings Bank (hereinafter “instant passbook”) in the name of F, and has been managing the said deposit passbook by receiving loans from time to time with two deposits per the said term deposit account as collateral.

On January 5, 2010, the Plaintiff withdrawns KRW 43 million from the passbook of this case and remitted it to K. On January 6, 2010, the Plaintiff withdrawn KRW 11.3 million from the account of the South Mine Agricultural Cooperative branch (G) in the name of the Plaintiff and remitted the amount of KRW 8.7 million to D and the Defendant respectively.

(hereinafter referred to as the "amount of remittance of this case"). (e) F.

On June 29, 2012, the Defendant transferred KRW 30 million to the Plaintiff’s school Dong branch account (L) in the Plaintiff’s new bank.

[Ground of recognition] The fact that there has been no dispute, Gap's 1 through 7 (including additional numbers), Eul's 1, the purport of the whole pleadings

2. The parties' assertion

A. Upon receiving a request from the Plaintiff and D to lend money necessary to operate the P restaurant, the Defendant withdrawn KRW 43 million from the passbook in the name of F on January 5, 2010, and remitted the money to K, which is a lessee of the building that the Defendant, etc. wishes to lease. On January 6, 2010, the Defendant and the Defendant lent KRW 13 million and KRW 8.7 million, respectively, to the Defendant, and thereafter, paid KRW 3 million from the Defendant. Accordingly, the Defendant, one of the joint borrowers, sought payment of KRW 30 million in the balance of the loan to the Defendant who is a joint borrower.

B. The Defendant is from the mother F in order to operate the restaurant in the first instance court.