1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Facts of premise;

A. On October 29, 2012, E deposited KRW 100,000 in the Plaintiff’s account (U.S. bank, account number: L), and among which KRW 40,000,000 (hereinafter “instant dispute amount”) was transferred to the Defendant’s wife B (Co-Defendant in the first instance trial) on the same day.

B. On June 9, 2014, the Plaintiff entered into a trade agreement with the Defendant, etc. regarding H apartment at Jung-up (hereinafter “instant trade agreement”) and entered into a non-committee special agreement with the Defendant, etc. regarding the non-committee special agreement (hereinafter “non-committee special agreement”). [Grounds for recognition: the non-contentious facts; the entries in the evidence Nos. 1 and 4 and the purport of the whole pleadings

2. Determination

A. The defendant asserts that the lawsuit of this case, which was contrary to the above special agreement, is unlawful, since the dispute of this case was the money included in the sales agreement of this case, and the non-performance special agreement of this case is applicable to the above special agreement.

However, the evidence presented by the defendant alone is insufficient to view the dispute as mentioned in the above transaction agreement or as the money that includes the processing thereof, and there is no other evidence to acknowledge it. Thus, the defendant's defense prior to the merits is without merit.

B. The plaintiff asserts that the dispute of this case is a loan, and the defendant, instead, denies the loan of the plaintiff's assertion if it was received as the repayment of the previous loan claims against the plaintiff.

In light of the premise and the following circumstances, the Plaintiff’s assertion that the instant dispute amount was the money transferred to the Defendant under the name of the loan is more reliable. Thus, the Plaintiff’s assertion is reasonable, and the evidence submitted by the Defendant in the first instance or the trial or the testimony of the witness M of the party witness alone is insufficient to reverse the above judgment.

Therefore, the Defendant’s loan amounting to KRW 40,00,000 and the following day after November 15, 2014, the delivery date of a copy of the instant complaint sought by the Plaintiff against the Plaintiff.