2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

A. A. Around January 2013, the Plaintiff’s internal director C and the Defendant, a doctor, agreed to open and operate the hospital with the trade name “E Council member” from the Songpa-gu Seoul Building.

The defendant shall represent the hospital and be responsible for medical acts related to sex, skin, and rain.

C shall pay 600,000 won per month to the defendant at a basic level, and if the cost for surgery and medical practice is high, the amount excluding the cost shall be divided by the ratio of 6:4 (Defendant).

C is responsible for taxes and all expenses, and the amount equivalent to the estimated tax amount (30% of net profit) shall be accumulated monthly in the passbook in the name of the defendant.

B. On January 4, 2013, the Defendant opened a national bank account under the name of the Defendant and gave C the said account.

In addition, on January 1, 2013, C and the defendant leased part of the above D building under the name of the defendant and operated the hospital from that time.

C. On January 7, 2013, the Plaintiff deposited KRW 44 million into the Defendant’s national bank account in the name of C, and on January 18, 2013, the Plaintiff deposited KRW 6 million into the Defendant’s account in the name of the Plaintiff.

C transferred a total of KRW 8.5 million over 14 times from February 27, 2013 to January 6, 2014 to G (the mother of the Plaintiff’s internal director F)’s account designated by the Plaintiff.

[Ground of recognition] Evidence No. 1, Evidence No. 2-1, Evidence No. 2-2, Evidence No. 3-6, Evidence No. 1 and No. 2-3, Evidence No. 1 and No. 2, witness C of the first instance trial, and witness of the F, the purport of the whole pleadings

2. Determination on the cause of the claim

A. The Plaintiff’s representative director H and in-house director F, who asserted 1 of the loan, became aware of the Defendant through the introduction of C. The Defendant requested that the Plaintiff lend funds necessary for the opening of business, such as the hospital’s lease deposit, and lent KRW 50 million to the Defendant. The Defendant paid interest to G account designated by the Plaintiff via C. As such, the Defendant is obligated to pay the Plaintiff KRW 50 million.

It is not so.

Even if C is the name of the defendant.