1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The Plaintiff asserts that the Plaintiff lent a total of KRW 42,00,000 to the Defendant from November 18, 201 to December 5, 2011 (hereinafter “instant money”).

In light of the fact that the Defendant received the instant money from the Plaintiff, although there is no dispute between the parties, there is no objective disposition document such as a certificate of loan or a cash custody certificate to guarantee principal, etc. between the parties, it is insufficient to recognize that the Plaintiff paid the instant money to the Defendant solely on the fact that the Plaintiff gave it to the Defendant, and there is no other evidence to acknowledge this otherwise.

Rather, in light of the following circumstances, the Plaintiff voluntarily stated that he paid the instant money to the advertising business run by the Defendant in the instant case and related criminal cases, and the Defendant’s statement is consistent with this, and the Defendant appears to have actually disbursed the instant money received from the Plaintiff for project costs, regarding the instant money, it is merely deemed that there remains only the issue of settlement depending on the content of business profit and loss between the parties.

2. Thus, the plaintiff's claim is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, the defendant's appeal is accepted and the judgment of the court of first instance is revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.