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

Purport of claim and appeal

The first instance court.

A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “Nonindicted Company”) who is a company engaged in the business of manufacturing clothes and sports clothes, and the Defendant is an individual entrepreneur who runs the wholesale and retail business in the trade name of “D”.

B. On May 15, 2014, separately from the non-party company, the Plaintiff individually lent KRW 25 million to the Defendant with the payment date fixed as February 25, 2015 (hereinafter “instant loan claim”). The Defendant established D on May 27, 2014 upon receiving the instant loan from the Plaintiff and began to sell clothing to the branch home shopping from August 31, 2014.

C. On November 2014, the Plaintiff received a loan certificate (Evidence A 3) stating the loan claim of this case from the Defendant as the first policeman.

On December 8, 2014, the representative of the non-party company, the representative F of the non-party company E (hereinafter “E”), and the representative of the company G (hereinafter “G”) who is the defendant’s creditor, agreed to collect claims from the defendant on December 8, 2014. After confirming that the amount of claims of G, non-party company, and E is KRW 738,81,00,000, KRW 218,693,224, KRW 830,960,000, each of the creditors’ names, the amount of claims recovered from the defendant’s deposit account is 42%, KRW 12%, and 46%, respectively.

However, the above pro rata distribution ratio of creditors, including the non-party company, is "the first agreement below" that the amount of loans of this case, an individual claim of the plaintiff, is added to the amount of claims of the non-party

(e) On January 7, 2015, the non-party company pointed out that it did not perform its obligations under the first agreement with the Defendant on January 7, 2015, and sent a content-certified mail to the effect that the non-party company’s claim for the purchase of goods against the Defendant was KRW 176,860,530 (personal loans KRW 25 million).

F. If the first agreement has not been implemented properly, the representative of the non-party company, the defendant, the E representative F, and the G representative H were re-filled on January 21, 2015, and discussed how to recover the claim.