1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is ordered.

1. Basic facts

A. From March 16, 2015 to April 17, 2015, the Plaintiff paid to the Defendant a total of KRW 15.3 million on nine occasions, and received cash custody certificates from the Defendant to the effect that: (a) KRW 3 million on March 16, 2015, KRW 53 million on March 16, 2015, KRW 53 million on March 31, 2015, and KRW 30.47 million on April 17, 2015, the Plaintiff received money from the Defendant.

(Other money is remitted to an account under the name of the defendant or paid by cashier's checks). (b)

On March 24, 2015, the Defendant acquired the right to a chartered bus transport business from C Co., Ltd. (hereinafter referred to as “C”) with KRW 80 million (hereinafter referred to as “first contract”) and paid KRW 60 million in total to C by April 17, 2015.

C. Meanwhile, a limited partnership E (hereinafter “E”) was established on April 2, 2015, and D (A) and the Defendant is a general partner, a limited partner, and a representative member of D.

E and the Defendant drafted on April 17, 2015 a letter to the effect that “The remainder of the acquisition price under the instant contract shall be paid by April 30, 2015,” “C shall be paid by April 30, 2015.”

On April 27, 2015, the Plaintiff and C drafted, with the consent of the Defendant, a written contract in which only the assignee was changed from the Defendant to the Plaintiff, among the terms of the first contract.

(hereinafter referred to as “second-party contract”). (e)

On May 2015, the Plaintiff filed a lawsuit against C, etc. seeking the return of the above KRW 60 million as the restoration to its original state on the grounds of the cancellation of the second contract.

(In the meantime, around May 2015, the Plaintiff filed a complaint against the Defendant for fraud, intimidation, rape, etc.

On November 30, 2015, the Defendant: “The fact that the Defendant was the Defendant is the amount of KRW 80 million for the acquisition price of the C chartered bus transportation business (the contract amount of KRW 10 million) and used only part of the money borrowed from the victim as the acquisition price of the above transportation business right and as the payment for personal debt, etc.; however, the acquisition price of the right of transportation business was KRW 250,000 for the Plaintiff.