1. In accordance with the reduction of claims by this court, the judgment of the first instance is modified as follows:

The defendant.

1. Basic facts

A. On April 21, 2014, the Plaintiff transferred KRW 35,000,00 to the account designated by the Defendant on the same day, on the same day, the Plaintiff agreed that the Plaintiff would not return the entire amount of money paid by the Plaintiff to the Defendant when the Plaintiff decided to enter into the joint venture after the local inspection and participated in the establishment of the joint venture.

B. On April 21, 2014, the Defendant and C drafted and deliver to the Plaintiff a cash car certificate stating the following:

A (Plaintiffs) borrowed the above amount as set forth above as a foundation for the establishment of a local construction company in Algeria (Won 35,000,000,000,000 won) from the Republic of Korea, and where “A (the Plaintiff; hereinafter the same shall apply)” does not participate in the establishment of a company after the local inspection, “B (the Defendant, C, and hereinafter the same shall apply)” shall jointly and severally return the principal to cash within the month from the borrowing date.

Provided, That if “A” participates in the establishment of a new company, the above amount shall have been invested as the reserve funds for the establishment.

(Provided, That if a prior investment decision is rendered, the bank interest rate shall be refunded including the principal and interest).

On July 2, 2014 and July 9, 2014, the Plaintiff revealed to the Defendant and C that he/she did not intend to participate in the pertinent business through content-certified mail, and requested the Plaintiff to jointly and severally return KRW 35,00,000 by July 21, 2014.

C On July 14, 2014, the Plaintiff responded to the agreement that the Plaintiff will jointly and severally pay the principal amount of KRW 35,000,000,000 as stated in the cash loan certificate as of April 21, 2014 and the Plaintiff’s loan interest (4.5% per annum) as of October 21, 2014, according to the initial agreement.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, and purport of the whole pleadings

2. Determination as to the cause of the claim.