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

The purport of the claim and appeal is the purport of the appeal.

A. The reasoning for the court’s explanation concerning the instant case is as follows.

Inasmuch as the reasoning of the first instance judgment is the same as that of the first instance judgment, except for the dismissal of the first instance judgment, it shall be quoted as it is in accordance with the main sentence of Article 420 of the Civil Procedure

B. The part 1) Nos. 2, 18, 3 and 4 “the Plaintiff’s assertion” was made as follows. ① Even after the completion inspection of the building of this case, construction costs for the interior construction of the building of this case and the extension construction on the third floor without permission were additionally invested and the construction costs of at least KRW 800 million were expected to have been disbursed. The Defendant intended to procure construction costs with corporate bank loans. The Defendant borrowed KRW 500 million to the Defendant’s name on October 26, 2005 and borrowed KRW 500 million to the Plaintiff on November 16, 2005 (hereinafter “instant loan”).

(2) The Defendant’s account (Account Number: F; hereinafter “instant MMF account”) in the name of the Plaintiff’s company bank, in which the instant loan was deposited.

In managing the account (Account Number G) and the Plaintiff’s corporate bank account, part of the construction cost was paid, and the Plaintiff also paid part of the construction cost through a separate account (I) with the Plaintiff’s name in accordance with the Defendant’s direction. In other words, the Defendant paid the construction cost of KRW 238,616,610 with the instant loan in the name of the Plaintiff from December 29, 2005 to April 5, 2006. As such, the Defendant is obligated to pay the Plaintiff the amount equivalent to the said amount and the damages for delay thereof out of the instant loan.

① The construction cost of this case was fully paid by the Defendant, and the loan under the Plaintiff’s name was not used for the construction cost of this case.

② Some of the loans under the Plaintiff’s name are the construction cost of this case.