1. The plaintiff's appeal and the conjunctive claim added by this court are all dismissed.

2. After an appeal is filed.

1. The reasoning for this part of the judgment regarding the primary claim is as stated in Paragraph 1 of Article 420 of the Civil Procedure Act, except in the following cases. Thus, this part of the judgment is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

The reasoning of the judgment of the first instance is as follows: “Between May 2015 and July 30, 2015, the Defendant lent a total of KRW 81,069,025 to the Defendant, as shown in the attached Table,” Nos. 4 and 5 of the first instance judgment (“Defendant lent KRW 45 million on June 25, 2015, and KRW 50 million on June 29, 2015, and KRW 50 million on June 29, 2015.”

On June 25, 2015, "The total amount of KRW 81,069,205, as shown in the attached Table") No. 15 and 16 of the judgment of the first instance shall be stated as "the total of KRW 45 million on June 25, 2015, KRW 5 million on June 29, 2015, and KRW 5 million on June 29, 2015."

2. Judgment on the conjunctive claim

A. The Plaintiff’s assertion that: (a) the Defendant gave up KRW 40 million to the Defendant, which the Defendant had been able to receive at the company previously worked, and (b) the Defendant donated KRW 50 million to the Plaintiff on the condition that performance is calculated with the Plaintiff; and (c) the Defendant constitutes an onerous donation; (d) the Defendant did not perform the above obligation; and (e) accordingly, the Plaintiff seeks to cancel the above-paid donation agreement and return KRW 50 million to the Plaintiff.

B. Determination-sharing donation is a donation with a view to bearing a certain burden, i.e., a duty to provide a certain benefit, at the same time as a donation, by which the donee bears a certain burden. In order for a certain performance to be a subordinate to the donation contract to be a burden, there is an agreement between the parties to regard it as a content of the contract. Accordingly, the donee expected to provide a certain benefit and made a donation to the donee.

Even if the payment is not a content of the contract by an agreement between the parties, it is merely a basis for the motive or act of the donation, and it cannot be a burden.

In addition, the gift is charged to the other party (Article 561 of the Civil Act).