1. Of the judgment of the first instance, the part against Defendant C among the judgment of the first instance is revoked, and the Plaintiff against Defendant C.

1. Basic facts

A. Defendant B was awarded a contract for the construction of a charnel house in Bupyeong-gu, Incheon (hereinafter “instant new construction”) with E, and Defendant C (hereinafter “Defendant C”) was a company for the construction business, etc. and participated in the new construction work upon introduction by Defendant B.

B. Defendant B requested F to raise funds when the construction cost was insufficient during the process of the instant new construction project, and the F again requested the Plaintiff to raise funds.

On May 13, 2015, the Plaintiff remitted KRW 15 million to the Hbank account of F, and F, on the same day, remitted KRW 10 million to Defendant B’s I Bank account.

On May 20, 2015, the Plaintiff again remitted KRW 150 million to the Hbank account of F to the H Bank account of F, and F wired KRW 90 million to Defendant B’s I Bank account on the same day.

On June 18, 2015, the Plaintiff additionally transferred KRW 50 million to the Hbank account of the F (J) on the same day, and F remitted KRW 30 million to the I Bank account of Defendant B on the same day.

C. On June 18, 2015, Defendant B, who received a remittance of KRW 30 million, issued a loan certificate to F to the effect that “The Plaintiff, F, and debtor,” “Defendant B,” as “Defendant B, confirmed that the creditor borrowed KRW 260 million from F, and that it will be repaid until August 20, 2015.”

On July 13, 2015, Defendant B, at F’s request on July 13, 2015, drafted a new loan certificate to the effect that “F shall confirm that the Plaintiff, debtor, Defendant B, and guarantor borrowed KRW 260 million from the Plaintiff, and shall repay that up to September 30, 2015.”

F delivered each of the above loans to the Plaintiff at that time.

[Ground of recognition] Evidence Nos. 3, 5, Eul evidence Nos. 4, 5, Eul evidence Nos. 1, Eul evidence No. 1, F of witness of the first instance trial, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff 1's summary of the parties' assertion is the new construction of this case from F.