In accordance with the claim that was changed by exchange in this court, the defendant shall pay to the plaintiff KRW 30,000,000 and the plaintiff shall pay to the plaintiff.

1. In the first instance trial, the Plaintiff sought payment of the principal of the loan and interest 13.5 million won to the Defendant. The first instance court rejected the claim for the principal of the loan and the claim for interest. Accordingly, in the instant case where only the Defendant appealed, the Plaintiff changed the claim for the principal of the loan by means of an application for the change of the cause of the claim as of January 14, 2020.

2. Determination as to the cause of action

A. According to the purport of Gap evidence Nos. 1 and 2 and the entire pleadings, it is recognized that the plaintiff paid KRW 10 million to the bank account designated by the defendant on September 1, 2009, and KRW 20 million to the above account on September 4, 2009, respectively, to the defendant by means of remitting the amount of KRW 30 million.

B. Furthermore, the following circumstances revealed in full view of the purport of the testimony and the entire pleading of the witness witness D of the trial at the court of first instance held on July 9, 2019, namely, the Defendant stated that “the instant money was invested from the Plaintiff and was not returned because it was not well-founded,” and the part corresponding to the principal of the investment was returned to the Defendant at the first day of the trial of the court of first instance held on July 9, 2019 (the Defendant alleged that there was no stated in the trial as above, but the court below stated the gist of the pleading in the statement, but the matters related to the confession should be clearly stated in a written statement, which is signed and sealed by the presiding judge and made it possible for interested parties to file an objection and raise an objection, barring any special circumstances (see, e.g., Supreme Court Decisions 201Da6367, Apr. 13, 201; see, e.g., Supreme Court Decisions 2001Da6367, Apr. 13, 2011).