1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons why this Court uses this part of the basic facts are the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Summary of the assertion

A. On July 6, 2007, Plaintiff C lent KRW 350 million to the Defendant.

The Defendant is obligated to pay the Plaintiff, who has the right to collect the above loan claim of C (hereinafter “the loan claim of this case”), to the Plaintiff, and the Plaintiff is obligated to pay the amount of money equivalent to the amount of the claim of C based on the final judgment.

B. Around February 2007, the Defendant invested KRW 300 million with F and G, and around April 6, 2007, the Defendant received total amount of KRW 340 million from C and divided it into F, etc.

On June 6, 2007, the Defendant, together with the early E, H, and F, invested KRW 360 million to C again (the Defendant’s investment KRW 210 million, E, H, and F, each of the investment KRW 50 million). On July 6, 2007, the Defendant returned KRW 350,000,000 of the investment principal from C to E, H, and F, transferred KRW 54,290,000 each of the investment principal and profits to E, H, and F, and appropriated the remainder of KRW 187,130,00 as part of the investment principal.

Therefore, the Defendant did not borrow KRW 350 million, which he received from C on July 6, 2007. Thus, there is no claim for the instant loan.

3. Determination

A. According to the evidence evidence Nos. 2 and 4 through 6, including the existence of the loan claim of this case, the defendant remitted a total of KRW 200 million to C on February 26, 2007 and the following day, and the F and G remitted a total of KRW 100 million to the defendant on February 26, 2007, and the defendant remitted a total of KRW 100 million to C on February 27, 2007, and ② on April 6, 2007, C remitted a total of KRW 340 million to the defendant on April 6, 2007, and the defendant remitted the amount of KRW 30 million to F on April 13, 207, KRW 300,000, KRW 340,000 to the defendant on April 9, 200, KRW 307,340,000 to C on June 27, 2007, respectively.