1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

가. 피고는 농축산업 경영 및 농작업 대행업 등을 목적으로 설립된 주식회사이고, F은 피고의 대표이사였던 사람이며, 원고는 F의 형수(兄嫂)이다.

B. On January 29, 2008, F remitted KRW 50 million to the Defendant’s account. On the same day, F deposited KRW 50 million with the Plaintiff’s account as a check. The Plaintiff wired KRW 50 million to the Defendant’s account on January 30, 2008, which is next day.

C. The loan certificate dated January 30, 2008 (hereinafter “the loan certificate of this case”) and the certificate of promissory notes dated March 26, 2008 (No. 2008, Jan. 29, 2008, No. 50, Jan. 30, 2008, and No. 390, Jun. 30, 2008, which read as “the creditor, the debtor, the defendant, the loan amount of KRW 100,000,000,000,000)” and “No. notarial deeds (No. 390,000,000,000) signed by the notary public on March 26, 2008, with the meaning of “No. 390,000,000,000)”.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and 6, the purport of the whole pleadings

2. The plaintiff asserts that the defendant lent a total of KRW 100 million on January 29, 2008 and KRW 50 million on January 30, 2008 to the defendant.

On the other hand, the defendant asserts that he received the above money from F as a contribution.

In addition, even if the above money was received from the plaintiff as the borrowed money, the five-year commercial extinctive prescription has been completed.

3. Determination as to the cause of action

A. As shown in the Plaintiff’s assertion, there are evidence documents submitted with Gap evidence Nos. 1, 2, and 3, and 50 million won from the Plaintiff’s account to the Defendant’s account on January 30, 2008.

B. However, on the other hand, there is no dispute between the parties, or evidence A of Nos. 1 to 4.