1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. On July 9, 2015, the Defendant, the representative director of the Intervenor joining the Defendant (hereinafter “ Intervenor”), prepared and delivered the loan certificate (Evidence A 2; hereinafter “instant loan certificate”) as follows to the Plaintiff.

The creditor of the certificate of loan: A (Plaintiff) debtor: The amount of obligation of the debtor: The due date for the payment of KRW 200,000,000 for the daily deposit (200,000): July 24, 2015, the debtor must pay the above amount to the creditor on the due date for the payment. If you agree that the payment shall be made in addition to 30% of the interest at the time of non-performance.

July 9, 2015: Debtor B

B. On February 4, 2016, the Defendant transferred KRW 30 million, KRW 10 million on March 18, 2016, KRW 10 million on March 31, 2016, and KRW 10 million on March 31, 2016 to the Plaintiff’s agricultural bank account. After the instant lawsuit was filed, the Defendant transferred KRW 10 million to the Plaintiff’s agricultural bank account on May 17, 2016.

[Ground of recognition] Facts without dispute, Gap evidence 2 through 4 (including additional numbers), Eul evidence 6, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The Plaintiff asserted that “The Plaintiff leased KRW 200 million in total, including KRW 80 million on June 4, 2015, upon request of the Defendant, who is the representative director of the Intervenor, and KRW 200 million on June 4, 2015, and KRW 200 million on June 9, 2015, to the Intervenor at the Defendant’s request. However, unlike the Defendant’s promise to repay immediately, the Plaintiff received the instant loan certificate on July 9, 2015 due to the Defendant’s failure to pay the said loan. From February 4, 2016 to the date of the instant lawsuit, the Defendant, as seen earlier, sought payment of KRW 60 million in total from February 4, 2016 to the Plaintiff, but is liable for a penalty of KRW 30 million as stipulated in the instant loan certificate, according to the purport of the first instance trial in the litigation economy.”

The plaintiff asserted that the above total amount of KRW 60 million was paid as repayment of the loan on the loan certificate of this case until the first instance court, and argued that it was above the first instance court.