Of the judgment of the first instance, the part against the defendant shall be revoked, and the plaintiff's claim corresponding to the revocation shall be dismissed.

1. Basic facts

A. On July 11, 2017, Defendant, D, and C established E Co., Ltd. (hereinafter “E”) with a total of KRW 180 million invested each of KRW 60 million.

B. On July 19, 2017, the Plaintiff concluded a contract for the supply of machinery with the purpose of manufacturing, wholesale and retail, distribution, export and import, trade, etc. of printed machinery to supply 700 million won (excluding value-added tax, 100 million won of down payment, 300 million won of intermediate payment, and 300 million won of balance within one year after trial run).

C. On August 29, 2017, the Plaintiff transferred KRW 150 million to the Defendant’s account.

(hereinafter “the instant money”). On August 30, 2017, the Defendant transferred the instant money to E’s account. Following the transfer of the instant money to E’s account on the same day.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 7 (including virtual number), Eul evidence 1 to 3, Eul evidence 7-1, Eul evidence 8-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. On August 29, 2017, the Plaintiff’s assertion 1) is the loan of this case that the Plaintiff paid to the Defendant on or before August 29, 2017. The Defendant borrowed the said money from the Plaintiff, which the Defendant agreed to “the Defendant and D invest each KRW 210 million in E, and the Defendant would receive 30% of the shares of each E in return,” in order to raise the purchase price for E-printed. Accordingly, the Defendant borrowed the instant money from the Plaintiff and paid the instant money to the Plaintiff as an intermediate payment. Accordingly, the Defendant is obligated to pay the Plaintiff a loan of KRW 150 million and damages for delay. The Defendant borrowed the instant money from the Plaintiff.