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1. The plaintiff's appeal is dismissed.
2. Upon the plaintiff's preliminary claim added at the trial, the defendant shall be the plaintiff.
Reasons
1. Facts of recognition;
A. A. Around December 9, 2008, the Plaintiff delivered a total of KRW 50,000,000 to the Defendant. Around that time, the Plaintiff delivered KRW 5,000,000 to the Defendant as attorney’s fees.
B. The Defendant, under the name of the Defendant himself or the Defendant’s wife E, remitted KRW 850,00 on December 26, 2008, KRW 1,100,00 on December 29, 2008, KRW 1,600,00 on January 1, 2009 ( KRW 1,100,000 on January 6, 2009), KRW 1,300,000 on January 6, 2009, KRW 80,000 on January 8, 200, KRW 900 on January 9, 200, KRW 600 on October 60, 200, KRW 600 on October 10, 200, KRW 600 on October 1, 200, KRW 300 on August 5, 200 on the Plaintiff’s name.
C. Since August 12, 2010, the Defendant remitted KRW 1,80,00, KRW 80,000 on November 4, 2010, KRW 800,000 on December 2, 2010, KRW 800,000 on January 3, 201, KRW 80,000 on February 9, 201; KRW 80,000 on March 11, 201; KRW 80,000 on April 1, 201; KRW 20,000 on June 23, 201; KRW 10,000 on August 1, 201; KRW 10,00 on June 23, 201; and KRW 10,000 on August 1, 200, KRW 200 on June 23, 201; and
On the other hand, the Defendant’s date of preparation to the Plaintiff on June 15, 2005, confirmed that the Defendant borrowed KRW 150 million to the Plaintiff. After three years, the Defendant confirmed the conditions under which the principal is to be repaid up to the interest of KRW 250 million and promised to assume civil and criminal liability when it is impossible to repay the interest (hereinafter “the instant loan certificate”) and the date of preparation as stated on December 2, 2008, the Defendant was unable to repay the loan amount of KRW 250 million borrowed by the Defendant to the Plaintiff on December 2, 2005, and thus, the Defendant’s claim for KRW 250,000,000 against the Defendant’s claim of KRW 250,000,000 against the Defendant’s U.S. S. C, for the repayment of the obligation to the Plaintiff.