1. The Defendant’s KRW 23,00,000 as well as the annual rate of KRW 5% from September 11, 2008 to April 7, 2015 to the Plaintiff.

1. Facts of recognition;

A. C upon the Plaintiff’s request, lent total of KRW 23,00,000,000 to the Defendant on May 19, 2008, under the name of the business fund related to the new village scenarios, and KRW 23,00,000,000 on May 27, 2008.

B. The plaintiff on August 10, 2008, as above C.

The defendant repaid KRW 23,00,000 as stated in the subsection, and on August 13, 2008, the defendant deposited KRW 23,000,000 to the plaintiff on September 10, 2008, with the cash custody certificate of this case stated as "I Ha Ha Ha" and "I Ha Ha Ha Ha".

was prepared and issued. Each entry in Gap evidence (including each number), Gap evidence 1 to 8 (including each number), the purport of the whole pleadings.

2. Determination:

A. According to the above facts of recognition as to the plaintiff's cause of claim, the defendant is obligated to pay to the plaintiff the agreed amount of KRW 23,000,000 based on the cash custody certificate of this case and damages for delay, unless there are special circumstances.

B. The defendant's assertion and its determination (1) The defendant's argument are that the plaintiff invested 23 million won in the defendant to conduct the business related to the new village scenario, and since the above investment was incurred due to failure, there is no obligation to return the investment money to the plaintiff, and the defendant only prepares and prepares the cash custody certificate of this case in order to ensure the loaner's conviction with the money borrowed from the others.

(2) The lower court concluded a partnership agreement in which the Plaintiff, the Plaintiff, and the Defendant shared profits and losses.

In light of the following circumstances, the cash custody certificate of this case was prepared after the Plaintiff paid to C the amount of KRW 2.3 million and the name of the Plaintiff is specified in the said cash custody certificate, without any evidence to prove that the Plaintiff invested KRW 2.3 million in the Defendant with the new village scenarios business fund. In light of the following circumstances, the cash custody certificate of this case was prepared after the Plaintiff paid to C the amount of KRW 2.3 million, and the said cash custody certificate was written for the purpose of presenting it to others.