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. Basic facts

A. From January 28, 2013 to August 12, 2013, the sum of KRW 340,000,000 was transferred from the Plaintiff and C’s account to the Defendant.

Serial 1 on January 28, 2013, 40,000,00 C 1-2, 200,000 on April 16, 2013, Plaintiff 23, 34, 150,000,000 on April 29, 2013, 200 on May 14, 2013, 200 C 1-35, 200,000 C 1-35, 20,000,000 on July 16, 2013, 200,000 Plaintiff 4-26,000 on August 30, 200, 4-340,000 on the aggregate of Plaintiff 4340,000,000 [1]

B. On April 25, 2013, the Defendant deposited KRW 110,00,000 in the Plaintiff’s account, KRW 10,000 on May 29, 2014, and KRW 50,000 on September 22, 2014.

【Non-contentious facts, Gap evidence 1 through 7 (including the number of each branch; hereinafter the same shall apply), Eul evidence 3-17 and 18, and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion or the Defendant’s KRW 340,00,000 deposited in the name of the Plaintiff or C (hereinafter “the instant money”) is the Plaintiff’s loan to the Defendant, and the Plaintiff was paid KRW 110,00,000 from the Defendant. As such, the Defendant is obligated to pay the remainder of KRW 230,000 and delay damages to the Plaintiff.

B. The Defendant asserted that not only the Plaintiff but also the Plaintiff’s representative director D and his family members (A, B, E), and F, a business entity run by E, was engaged in money transactions in a lump sum.

Of the instant money, KRW 40,00,000, which C deposited to the Defendant on January 28, 2013, is an advance for the total sales contract that E entered into with the Defendant, and KRW 150,000,000, which was deposited to the Defendant on May 14, 2013, is a deposit under the said total sales contract.

Since the instant money includes the aforementioned advance payment and deposit, in calculating the amount repaid by the Defendant to the Plaintiff, it shall include the money paid by the Defendant to E, etc. as shown below [Attachment 2], as well as the amount of KRW 110,00,000 to the Plaintiff. The amount that the Defendant did not return to the Plaintiff is calculated.