1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.

The key issue of the instant case is: (a) the Plaintiff asserts that the Defendant lent KRW 45 million to the Defendant on June 27, 2008; (b) KRW 5 million on March 16, 2009; (c) KRW 3 million on July 14, 2009; (d) KRW 17 million on July 20, 2009; and (e) KRW 8 million on September 25, 2009; and (f) KRW 72 million on September 28, 2009; and (g) KRW 5 million on January 15, 2010.

In regard to this, the Defendant asserted that the money of each of the above paragraphs (1) through (6) is the money invested by the Plaintiff in C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”), the Defendant merely delivered it to the Nonparty Co., Ltd., and that the money of the above paragraphs (7) is irrelevant to the Defendant that the Plaintiff directly invested in the Nonparty Co.,

Therefore, the key issue of this case is whether or not the Plaintiff paid the claimed money to the Defendant, and whether or not it was paid under the name of the Defendant (whether it is a lease or delivery for investment).

2. Facts of recognition;

A. From around January 1986, the Plaintiff maintained a de facto marital relationship with H. The Defendant is H’s father and the H died on January 6, 2016.

B. From May 2008, the Defendant recruited investors or invested himself in the non-party company while working for the non-party company, a real estate development company, and around October 10, 2008, the Defendant’s attached H invested KRW 130 million directly in the non-party company.

C. The Plaintiff remitted to the Defendant KRW 1,45 million on June 27, 2008, ② KRW 5 million on March 16, 2009: KRW 3 million on July 14, 2009; KRW 4,7 million on July 2009; KRW 8 million on September 25, 2009; and KRW 62 million on September 28, 2009; and KRW 75 million on January 15, 2010.

The defendant remitted to the non-party company account KRW 1,8 million on September 25, 2009, ② KRW 40 million on September 28, 2009, ③ KRW 40 million on September 29, 2009, and KRW 10 million on September 29, 2009, and the non-party company employees’ name as the team leader of the defendant.

E. From April 24, 2009 to December 24, 2009, the Plaintiff received monthly remittance of KRW 2,659,250 from the non-party company from April 27, 2009 to October 26, 2009.