1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

1. Summary of the parties' arguments;

A. The Defendant loaned KRW 30 million to the Defendant on the ground that the Plaintiff’s establishment of the company requires money, and the Defendant’s criminal complaint was filed by the Defendant on the charge of failing to pay the above money, and the Defendant stated in the investigative agency that “the Defendant would pay the Plaintiff the said money.” As such, the Defendant is obligated to pay the Plaintiff KRW 30 million and the damages for delay.

B. The Plaintiff transferred KRW 30 million to the Defendant to make an investment to the Defendant C.

2. Determination as to the cause of action

A. Comprehensively taking account of the respective descriptions and arguments set forth in subparagraphs A through 3, the Plaintiff filed a complaint against the Plaintiff, at the Defendant’s request, to the Defendant’s bank account of KRW 25 million on July 24, 2012, and KRW 30 million on August 16, 2012, on the charge of fraud. The Plaintiff filed a complaint against the Plaintiff who did not repay the above KRW 30 million on the charge of fraud, and the Defendant received an investment in the said investigation process, although he received the amount of KRW 30 million. The Defendant was punished by imprisonment. The Plaintiff was able to obtain a loan from the Plaintiff’s attorney at his own expense, and did not pay the amount of KRW 8.7 billion, which was currently allocated to the Small and Medium Business Administration, but was in the process of constructing a factory boiler, and the Plaintiff did not know that the Plaintiff’s investment would have been paid if the facilities and operation funds were incurred.

B. According to the above facts of recognition, it is reasonable to view that the Plaintiff transferred KRW 30 million to the bank account designated by the Defendant at the Defendant’s request, and that the Defendant agreed to pay the said money to the Plaintiff after the Defendant invested in C.

Therefore, the defendant's repayment of KRW 30 million to the plaintiff and the debts for which the above repayment period is not fixed, against the defendant.