1. The Defendant’s KRW 40 million and the Plaintiff’s 20% per annum from March 29, 2015 to September 30, 2015, and the following.

1. On June 8, 2006, the Plaintiff, upon receipt of the obligation to return the deposit, deposited with the Defendant with the custody of KRW 40 million, and at the time, the Defendant agreed to return the deposit upon the request of the Plaintiff.

Therefore, the defendant is obligated to return the above KRW 40 million to the plaintiff.

2. Judgment on the defendant's assertion

A. As to the assertion on repayment, the Defendant: (a) returned all of the above KRW 40 million by remitting the sum of KRW 2720,000 to the Plaintiff’s or D’s seated account; (b) the Defendant, from December 30, 2005 to May 31, 201, remitted the sum of KRW 35,100,000 to the Plaintiff’s seated account; (c) the sum of KRW 61,50,000 to the Plaintiff’s seated account from December 28, 2006 to February 20, 2009; and (d) the fact that the Defendant remitted KRW 17,920,000,000 to D’s seated account from May 29 to May 9, 2011, respectively.

However, there is no sufficient evidence to recognize that the said money was remitted for the purpose of return of KRW 40 million.

Rather, in full view of the following circumstances, the said money was received separately regardless of the money deposited in the instant case.

The plaintiff's assertion on this part is not accepted.

① Of the money remitted to the Plaintiff’s account, KRW 3.8 million was remitted before June 8, 2006, the date of safekeeping of the instant case, and thus, is irrelevant to the instant case.

In addition, the plaintiff asserts that the remaining money was received in the name of the defendant's work, such as reward or cost.

Even if the Plaintiff’s assertion is not recognized, the burden of proving that this part of the remittance was made as the refund of the above custody amount is the Defendant.

② During the period of transfer from the Defendant’s account to the Defendant’s account, the above KRW 61.5 million was remitted from the Defendant’s account to the Defendant’s account, to KRW 157.5 million.

In light of this, the above KRW 61.5 million seems to be money unrelated to this case.

The defendant also changed the initial argument and 61.5 million won.