1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. In the absence of dispute, the fact that the Plaintiff remitted to the Defendant’s account KRW 20 million on April 19, 2014, KRW 5.8 million on April 21, 2014, KRW 31.6 million on June 13, 2014, and KRW 5.8 million on June 13, 2014 is no dispute between the parties.

2. The parties' assertion

A. The sum of KRW 31.6 million transferred by the Plaintiff to the Defendant’s account is KRW 1.2 million per month, which the Plaintiff loaned to the Defendant by determining the interest amount as KRW 1.2 million.

Therefore, the defendant is obligated to pay to the plaintiff the above loan 31.6 million won and damages for delay.

B. The Plaintiff asserted that he had invested in the gift certificates business operated by C prior to the Defendant’s argument, but C had no longer want to engage in the transaction with the Plaintiff, and the Plaintiff had invested in the said gift certificates business using the Defendant’s account.

Accordingly, the defendant only delivered the above KRW 31.6 million transferred by the plaintiff to C, and not borrowed from the plaintiff.

3. In light of the following circumstances, it is not sufficient to recognize that the Plaintiff lent KRW 31.6 million to the Defendant solely with each of the descriptions of Gap evidence Nos. 1 through 10 (including each number), Eul evidence Nos. 6 through 10 (including each number), the testimony and the whole purport of oral argument by the witness C of the party trial, and some of witness D of the first instance trial are insufficient to recognize that the Plaintiff gave up KRW 31.6 million to the Defendant. Rather, the Plaintiff appears to have invested in the gift certificates No. 3 through the Defendant.

1) The Defendant heard from C the statement that “If 4.3 million won per unit of merchandise coupon business operated by himself/herself is invested, 200,000 won will be paid for 10 days later,” and invested in C’s merchandise coupon business around January 2014. (2) The Plaintiff received the introduction of the merchandise coupon business from the Defendant and invested 30,000 won directly to C around February 2014, and there has not been much time to pay fees, and therefore, the principal of the investment from C is all made.