1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the plaintiff's assertion

A. Around March 2011, the Plaintiff entered into a contract with the Defendant to notify the Plaintiff’s funeral home to the hospital and to cooperate with the Plaintiff so that the Plaintiff may hold funeral ceremony in the event of death in the D Hospital operated by the Defendant as a partnership with C.

B. In concluding the above contract, the Plaintiff paid KRW 20 million to the Defendant on April 1, 201, as a security deposit.

C. However, since one year has passed since the defendant did not perform the above contract properly, the defendant must return the above KRW 20 million to the plaintiff.

2. Determination

A. The facts of recognition 1) The Defendant and the oriental medical doctor C, the Defendant and the oriental medical doctor, around December 31, 2010, are D Hospital D in Busan, Seo-gu E (hereinafter “instant hospital”).

(2) In accordance with the above business agreement, the Defendant agreed to establish a hospital and operate the hospital with a total of KRW 4.6 million between December 31, 2010 and November 30, 201, and C with a total of KRW 4.6 million between January 20, 201 and November 201, respectively.

8. A total of KRW 230 million was invested between December 12, 2000, respectively.

3) In accordance with the above business agreement, the Defendant had been working as a financial director of the instant hospital and managed the said money invested by the Defendant and C through its account. 4) Meanwhile, around March 2011, the Plaintiff entered into an agreement with C, the head of the instant hospital, stating that the hospital, as to the deceased patient incurred from the instant hospital, the hospital’s contact was made to allow the Plaintiff to become aware of, and actively cooperate with the Plaintiff in the Plaintiff’s request for counseling and all funeral matters (hereinafter “instant agreement”).

5) After that, C on April 1, 201, the following matters are cash custody certificates for the Plaintiff (hereinafter “the instant case”).