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. Facts of recognition;

A. On January 5, 2010, the Plaintiff lent KRW 30 million to the Defendant, set the due date to the final settlement of the F new construction site in D and E, which was executed in D and E.

B. However, notwithstanding the Plaintiff’s repeated demand after the final settlement of the aforementioned early construction works was completed on or around December 2010, the Defendant did not pay the above loan.

[Grounds for recognition] Gap 1-6, 11 (including paper numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to pay the above loan amount of KRW 30 million and delay damages to the plaintiff.

B. As to this, the Defendant asserts that the above KRW 30 million was not borrowed from the Plaintiff, but that the Defendant did not have the obligation to return it, since the Plaintiff was paid as part of the construction cost (under its wage) that the Plaintiff should pay to the Defendant as a matter of course according to a blanket subcontract between the Plaintiff and the Defendant.

As long as the authenticity of a disposal document is recognized, the court shall recognize the existence and contents of the declaration of intent as stated in the statement, unless there is any clear and acceptable counter-proof to deny the contents of the document.

(see, e.g., Supreme Court Decision 93Da5456, Oct. 11, 1994). In this case, there is no clear and acceptable reflective evidence to deny the entries of No. 1, which are a disposal document, in the instant case.

Therefore, it is reasonable to view the above money as a loan regardless of whether the defendant used the above 30 million won for any purpose.

The defendant's assertion against this is without merit.

3. Conclusion, the plaintiff's claim of this case is justified, and the judgment of the court of first instance is just in conclusion.

The defendant's appeal is dismissed for lack of reason.