The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Facts of recognition;

A. A. A limited liability company C is a corporation established for the purpose of real estate lease business, farm development business, etc., and the Plaintiff is the representative director of a limited liability company C.

B. The Defendant remitted total of KRW 31,700,000,000 to the Plaintiff’s agricultural bank account on April 9, 2012, under the name of the permission expenses for development projects of D forest land 47,008 square meters in Nam-si, Namwon-si (hereinafter “instant forest”) and KRW 31,70,000,000, in total, on June 14, 2012.

C. On June 12, 2012, a limited liability company C held a board of directors related to the instant forest land.

The board of directors held that “E representing the Defendant shall acquire 20% shares of a limited liability company C, and deposit KRW 31,700,000 with the investment amount of the instant forest development project.”

On July 13, 2016, the Plaintiff drafted a written agreement with the Defendant to pay KRW 31,700,000 of the authorization fee of this case from the profits from the sale and purchase or development of forest land of this case.

On the bottom of the above agreement, "(oil) C representative director A" is written.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 5, Eul evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The summary of the plaintiff's assertion is that the defendant paid the authorization expenses to limited companies which are not the plaintiff, and the plaintiff is not liable for the return of the authorization expenses. Therefore, compulsory execution based on the original copy of the payment order of this case should be denied. 2) The defendant's summary of the defendant's assertion paid the authorization expenses to the plaintiff's personal account, and the plaintiff agreed to return the authorization expenses paid by the defendant to the plaintiff's personal account.

B. In the case of a final and conclusive payment order or a decision of performance recommendation, the grounds for failure, invalidation, etc. occurred prior to the issuance of a payment order, etc. with respect to the claim that became the cause of the claim such as the relevant payment order, etc. are the lawsuit of demurrer