The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

Purport of claim and appeal

The judgment of the first instance.

1. The plaintiff's assertion is the cause of the claim in this case. The plaintiff and the defendant become aware of C merchants' members in around 2004 and D's successful bid price is broken and dispute arises between the plaintiff and the fraternity. While the lawsuit is pending between the defendant and the fraternity, the defendant requested the plaintiff to lend KRW 3,000,000 to the plaintiff, and the plaintiff deposited KRW 3,000,000 to the defendant's deposit account on November 21, 2008. The plaintiff demanded the defendant to pay KRW 3,00,000,000 to the defendant around November 2009, the defendant requested the plaintiff to pay KRW 3,00,000,000 to the defendant, and the defendant claimed to pay KRW 3,00,000 until the lawsuit is completed with the plaintiff as the plaintiff's loan document (Evidence No. 5).

2. According to each of the statements in Gap evidence Nos. 1 and Eul evidence Nos. 1, 208, the plaintiff was acknowledged to have deposited KRW 3,000,00 with the defendant's deposit account on Nov. 21, 2008. The following facts are revealed: Gap's evidence Nos. 2 through 8, Eul's evidence Nos. 2 and 3 (including paper numbers) and the whole purport of the pleadings; the plaintiff, in the vicinity of C, operated the business of selling the game machine with the trade name "F"; the defendant operated the business of cutting metal board, etc. with the trade name "G"; the plaintiff, defendant, and Eul subscribed to the winning bid system operated by D from around 2004 to 206; the defendant's assertion that the plaintiff deposited the above lawsuit against Eul with the defendant's deposit account as Seoul East District Court No. 2008Ga5000, Oct. 21, 2008; the plaintiff's assertion that the plaintiff deposited the above lawsuit between the defendant and the defendant's plaintiff's 1000.