1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On November 14, 201, the Defendant remitted KRW 10,000,000 to the Plaintiff, and KRW 10,000,00 on November 23, 201, respectively (hereinafter “the remitted money”).

B. On the ground that the Defendant did not receive the remitted money, etc. against the Plaintiff, the Defendant applied for a payment order with Changwon District Court 2012j135, Changnam District Court 2012. On March 12, 2012, the Defendant received a payment order with the purport that “59,000,000 won and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment” from the above court.

hereinafter referred to as "the payment order of this case"

(C) The instant payment order was served on March 14, 2012 on the Plaintiff, and the Plaintiff’s failure to raise an objection thereto was finalized on March 29, 2012. 【The fact that there was no dispute over the grounds for recognition, the entry of Gap’s evidence No. 1, and Eul’s evidence No. 2, and the purport of the entire pleadings.

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) Of the amount claimed for the instant payment order KRW 59,00,000, the KRW 39,000,000, excluding KRW 20,000,000 remitted money of this case, was paid by C. As such, the Defendant did not have the right to claim this part. (2) The remitted money of this case was merely lent from the Defendant, and not borrowed from the Plaintiff.

3) Even if the Plaintiff borrowed the instant money from the Defendant, it is deemed that the Plaintiff borrowed the instant money, the multi-household E-ground multi-household housing corporation (hereinafter “instant construction”) under the performance certificate (Evidence A2) prepared between the Plaintiff and the Defendant.

(B) Where the settlement of profits related to the instant case has not yet been made. Income that the Plaintiff is obliged to receive is KRW 192,00,000, and if the Plaintiff deducts the remitted money from the said profit, the Plaintiff would instead be entitled to receive the settlement amount from the Defendant. Therefore, there is no obligation for the Plaintiff to pay the Defendant the said KRW 20,000,000. (b) Determination 1) Defendant on the amount exceeding the transferred money.