1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

1. With respect to the lawsuit of this case against which the plaintiff claimed a loan of KRW 20 million to the defendant, the defendant asserts that the above KRW 20 million was the money invested by the plaintiff in order to operate a similar gasoline manufacturing and selling business with C. The defendant merely received the above money from C and did not engage in money transaction directly with the plaintiff. Thus, the plaintiff's claim against the defendant of this case against the defendant is unlawful.

In a lawsuit for performance against the plaintiff, the plaintiff standing to sue who asserts himself/herself as the person responsible for performance has standing to sue and who is asserted as the person responsible for performance, and the plaintiff's assertion itself is standing to sue, and the plaintiff's assertion itself does not require the plaintiff and the defendant to be actually a person responsible for performance or a person responsible for performance.

(see, e.g., Supreme Court Decisions 75Da1676, Aug. 23, 197; 94Da14797, Jun. 14, 1994). Therefore, the aforementioned grounds alleged by the defendant in the lawsuit in this case are merely the subject of determination as to the existence of a claim within the merits, and it is not the grounds to be determined as the existence of a party's eligibility before the merits. Thus, the defendant's main safety defense is without merit.

2. Judgment on the merits

(a) Evidence A 1 to 3, and 5 (including paper numbers; hereinafter the same shall apply)

In full view of each of the arguments, the Plaintiff deposited KRW 7 million on April 11, 2006 to the bank account under the name of the Defendant, and KRW 3 million to the bank account under the name of D, respectively, and deposited KRW 10 million on April 18 of the same month to the Defendant’s bank account under the name of the Defendant and deposited KRW 20 million in total to the Defendant (hereinafter “instant KRW 20 million”).

(2) The Defendant may recognize the fact that the Plaintiff made a loan on June 30, 2009 with interest rate 4% per month and the due date for payment as of June 30, 2009.) Accordingly, the Defendant did not directly have any direct relation with the Plaintiff with the money invested in the partnership business with C, or the money provided by C to the Defendant by C.

(2). (3) If any;