1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The defendant is a person registered as the representative of D in Jung-gu Incheon Metropolitan City, and the actual operator of D is the defendant's husband E.

E operated A using a passbook established in the name of the defendant with the permission of the defendant.

B. around 2011, F promoted the instant project with the mutual name of G (hereinafter “instant project”) and participated in the instant project as G’s proposal.

At the time, F did not create an account with bad credit, and F used the G’s business fund together with the agricultural bank account in the name of the defendant E used for the instant business.

C. The Plaintiff decided to invest KRW 500 million in or lend to F with respect to the instant business, and remitted KRW 60 million in the account under the name of the Defendant to F on March 9, 201, KRW 40 million on March 30, 2011, KRW 50 million on April 28, 2011, KRW 50 million on May 6, 2011, KRW 150 million on May 31, 201, KRW 20 million on July 8, 2011, KRW 30 million on July 5, 2011, KRW 50 million on August 18, 201, KRW 150 million on May 31, 201, KRW 50 million on July 15, 201, KRW 90,000,000 on September 15, 201.

On November 201, 201, the Plaintiff demanded F to prepare and change a loan certificate. The F, with the consent of E, affixed the Defendant’s seal on the loan certificate in the name of the Defendant (No. 2, hereinafter “the loan certificate in this case”) with the loan amount of KRW 500 million, the repayment date, December 31, 2012, and the interest rate of KRW 12% per annum.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 2, and 6, testimony of witness F of the first instance trial, purport of whole pleadings

2. The parties' assertion

A. Upon the request of the Plaintiff F, E, and H 3, the Plaintiff agreed to lend a total of KRW 500 million to 12% per annum. Accordingly, the Plaintiff transferred a total of KRW 500 million to the Defendant’s account in the name of the Defendant (hereinafter “instant loan”).

Since then, F prepared the instant loan certificate to the Plaintiff via H, which was the instant case.