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. Basic facts

A. The Plaintiff was established on September 9, 2015, as a company engaged in manufacturing business, etc., and the representative director of the said company C.

B. On December 16, 2015, the Plaintiff paid to the Defendant KRW 5,00,000,000 (hereinafter “the instant money”) in total, from KRW 5,00,000 on January 11, 2016, KRW 500,000 on January 15, 2016, KRW 500,000 on January 18, 2016, and KRW 5,000 on February 5, 2016 (hereinafter “the instant money”).

(C) / [Ground for recognition] The fact that there is no dispute, entry of Gap evidence 2, the purport of the whole pleadings.

2. Determination as to loan claims

A. The Plaintiff’s assertion 1) As from December 16, 2015 to February 5, 2016, the Plaintiff loaned KRW 5,000,000,000 to the Defendant, the Defendant is obligated to pay the Plaintiff the said KRW 5,00,000 as the loan obligation, and the damages for delay thereof. (2) The Defendant’s assertion that the Defendant was employed by the Plaintiff from November 2015 to May 2016, and was paid the instant money by the Plaintiff as the salary.

B. According to the evidence No. 3, the purport of the certificate of contents (Evidence No. 3) sent by C, the representative director of the Plaintiff, to the Defendant on November 21, 2016, is acknowledged as having claimed that C lent the instant money and sought the payment of the loan. However, the purport of the notice of default on pension contributions issued on June 26, 2017 by the president of the National Health Insurance Corporation (Evidence No. 1) is recognized as having comprehensively taken into account the overall purport of pleadings. In other words, in light of the fact that the Defendant was employed by the Plaintiff and served as the Defendant, and the pension contributions were delinquent for May 2016, the above fact-finding and the evidence submitted by the Plaintiff are insufficient to acknowledge the Plaintiff’s assertion, and there is no other evidence to acknowledge it, and the Plaintiff’s assertion is without merit.

3. As such, the plaintiff's claim should be dismissed for the reason that it is reasonable to conclude the judgment of the court of first instance.