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. On November 26, 2015, the Plaintiff transferred KRW 100 million to the Defendant.

B. As to the above KRW 100 million on January 5, 2016, the Plaintiff and the Defendant drafted a monetary loan agreement under which the Defendant borrowed KRW 100 million from the Plaintiff (hereinafter “instant monetary loan agreement”).

The foregoing monetary loan agreement states that the due date for repayment shall be " January 25, 2017" and the interest shall be "one million won per month until the full repayment is made".

C. On January 8, 2016, the Defendant returned the above KRW 100 million to the Plaintiff.

On January 12, 2016, the Plaintiff returned KRW 100 million to the Defendant again.

10 million won, which was remitted to the Plaintiff as of January 12, 2016, is "the KRW 100 million."

A person shall be appointed.

E. Of the instant KRW 100 million, the Defendant returned to the Plaintiff KRW 50 million, totaling KRW 10 million on October 6, 2016, and KRW 40 million on March 30, 2017.

F. Meanwhile, the Defendant remitted to the Plaintiff KRW 1 million each month from February 2016 to March 2017, and remitted KRW 935,700 on April 25, 2017.

[Ground of recognition] Evidence Nos. 1 through 3, Evidence Nos. 2 (including additional number), and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff lent the Plaintiff’s KRW 100 million to the Defendant, but the Defendant paid KRW 50 million out of its maturity and did not pay the remainder KRW 50 million. Thus, the Plaintiff should pay the remainder of the loan principal to the Plaintiff as well as damages for delay.

B. The plaintiff must start a partnership with the defendant and establish a foundation for the defendant.

After remitting KRW 100,00,000 to the Defendant, the Defendant returned KRW 100,000 to the Plaintiff. Since then, the Plaintiff concluded a partnership agreement with the Defendant, and invested KRW 100,000 to the Defendant.

The Defendant returned 50 million won out of the instant KRW 100 million to the Plaintiff in good faith, and purchased the remaining 50 million plant machinery, and thus, the Plaintiff is added.