The judgment of the first instance court is modified as follows.

A. The Defendant: (a) KRW 11,929,852 to the Plaintiff; and (b) as to the Plaintiff, July 3, 2018.

1. Determination as to the cause of claim

A. The Plaintiff’s assertion 1) The Plaintiff loaned KRW 21 million to the Defendant, including KRW 10 million on January 13, 2017, KRW 350 million on June 14, 2017, KRW 4 million on March 2, 2018, and KRW 21 million on March 2, 2018. As such, the Defendant is obligated to pay the said loan to the Plaintiff.

2) The Plaintiff, under the name of the Defendant and the Plaintiff, agreed to purchase vehicles in the name of the Plaintiff, and use them by the Defendant, to bear the Defendant’s expenses incurred in purchasing vehicles, such as the installment of the vehicle, and the expenses incurred in operating the vehicle. Accordingly, the Plaintiff purchased the E Freight at KRW 19,798,180 (hereinafter “E Freight”) borrowed from F Co., Ltd., and the Defendant did not pay the said loan, and the Plaintiff paid the said loan on behalf of the Plaintiff. From January 2018 to May 2018, the Defendant paid the KRW 1,457,920 for tolls incurred in using the E Expressway.

Therefore, the Defendant is obligated to pay the Plaintiff KRW 19,798,180 of the vehicle loan and KRW 1,457,920 of the expressway toll in accordance with the above agreement.

3) The Defendant, at his own discretion, received gas stations equivalent to KRW 3,139,00 as if he were the Plaintiff-owned vehicle in the gas station in the Plaintiff’s transaction, and paid the gas station to the Plaintiff. As such, the Defendant is obligated to return to the Plaintiff the unfair profit equivalent to the above gas station’s price.

4) From January 1, 2018 to May 30, 2018, the Defendant agreed to pay KRW 250,000 to the Plaintiff a monthly fee for the H cargo vehicle owned by the Plaintiff (hereinafter “H cargo vehicle”) and used H cargo vehicle from January 1, 2018 to May 30, 2018, and thus, the Defendant is obligated to pay KRW 1250,000 to the Plaintiff a fee for five months.

B. Determination 1) The part on the claim for the loan (Plaintiff’s assertion) was examined, the Plaintiff lent KRW 10 million to the Defendant on January 13, 2017, KRW 14.5 million on June 14, 2017, and KRW 14.5 million on June 14, 2017 to the Defendant, although there is no dispute between the parties, the evidence submitted by the Plaintiff on the remainder is alone.