1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On August 20, 2010, the Plaintiff transferred KRW 5,000,00,000 to the Defendant on September 6, 2010, from the Nonghyup Bank account in the name of the Plaintiff, the NH Bank account in the name of the Plaintiff, to the Gyeongnam Bank account in the name of the president of the Plaintiff’s business office D, as part of the purchase price of the Defendant Pote Hate Hybrid vehicle (hereinafter “instant vehicle”), and delivered KRW 5,000,000 to the Defendant.

[Ground of recognition] Facts without dispute, Gap evidence 2-1 and 2, the purport of the whole pleadings

2. The plaintiff asserts that he lent KRW 5,000,000 to the account under the name of E and KRW 10,000,000, the sum of KRW 5,000,000 delivered to the defendant (hereinafter "the instant money") to the defendant.

B) In regard to this, the Defendant asserts that the instant money was donated to the Defendant for fraud by the Defendant, who had worked as an accounting member of the “F” operated by the Plaintiff, as the purchase price for the instant vehicle. 2) In light of the following circumstances known by comprehensively taking account of the entries in the evidence Nos. 1 through 6 and the overall purport of the pleadings, it is insufficient to recognize that the Plaintiff lent the instant money to the Defendant by only the testimony of the witness E of the Party Party Party A, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s assertion is without merit.

① No document was prepared to acknowledge that the Plaintiff and the Defendant lent the instant money. The Plaintiff did not agree with the Defendant on the period of reimbursement or interest and did not receive interest from the Defendant.

② On April 5, 2011, the Plaintiff submitted a report on the damage that the Defendant stolen the instant money in the relevant criminal case by deducting the total of KRW 10,000,000 from the passbook used by the Defendant in the company twice from the passbook used by the Defendant.