1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Basic Facts

On June 18, 2018, the Plaintiff remitted KRW 20 million (hereinafter “instant money”) to the Defendant who operates the Busan Southern-gu mobile phone sales store.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, the whole purport of the pleadings, and the facts below the fact that the court below acknowledged the whole purport of the pleadings do not dispute between the parties, or it can be acknowledged by taking full account of each of Gap evidence No. 6, Eul evidence No. 2, 4 and 5 and the whole purport of the pleadings.

The defendant planned to transfer the above sales store to KRW 50 million including premium to the plaintiff, who is the mother of Dong Chang-si D, and the above sales store was reasonable, and suggested its acceptance.

Before the Plaintiff acquires the above sales store, it was necessary to verify the actual sales and operating profits, and to have D operating the above sales store know know-how about the operation of the above sales store from the Defendant.

Accordingly, the Plaintiff and the Defendant agreed that “When the Plaintiff pays the instant money, the Plaintiff would receive half of the earnings, and that D would take over the said sales store after having distributed a certain amount of work to a certain extent (the Defendant recognized such an agreement through a written response, and there is no evidence to prove that the written reply was wrong due to a certified judicial scrivener’s mistake), and the Plaintiff paid the instant money to the Defendant.

D was paid KRW 2,256,00 from the Defendant on July 31, 2018, when working at the above sales store according to the above agreement.

On November 20, 2018, the Defendant closed down the sales store.

Judgment

In addition to the above facts, the first defendant was planning to dispose of the above sales store, and it is difficult to deem that the plaintiff had an intention to conduct the business with the above sales store, D merely worked at the above sales store in the process of confirmation and preparation for the above sales store acquisition, and did not jointly share the loss of the above sales store with the defendant.