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. Facts of recognition;

A. On July 5, 2012, the Plaintiff entered into an investment agreement with C and the Plaintiff’s investment of KRW 100 million necessary to implement the construction of a new building D (hereinafter “instant new building”) in the Jeonsan-si, Jeonju-si (hereinafter “instant new construction agreement”), stating that C shall pay the investment principal and pay dividends of KRW 75 million within one month from the date of the construction completion to the Plaintiff, within five months from the date of the construction completion (hereinafter “instant investment agreement”). The Defendant signed and sealed the “sureties” column of the instant investment agreement.

B. On July 5, 2012, the Plaintiff paid KRW 100 million to C with the investment principal under the instant investment agreement.

C. After that, the Plaintiff and the Defendant: (a) drafted a loan certificate stating that “the Defendant borrowed KRW 50 million from the Plaintiff and the proceeds pursuant to the investment agreement of this case shall be determined by 1/2 (37.5 million).” (hereinafter “the loan certificate of this case”) was retroactively prepared as of July 5, 2012, when the written investment agreement of this case was prepared.

On the other hand, C Co., Ltd and the new construction of this case jointly carried out. On January 20, 2014, the reason C Co., Ltd received an application for approval of the housing construction project plan at the time of the preceding week. On the other hand, on the basis of the submission of documents proving land ownership or title, documents evidencing the calculation of the site area and documents related to the calculation of the consultation document by the relevant departments.

【In the absence of dispute over the grounds for recognition, Gap evidence 1 through 3 (including the number of branch offices in the case of additional numbers; hereinafter the same shall apply), Eul evidence 1 and 2, and the fact-finding with respect to the previous main market of the court of first instance, the purport of the whole pleadings

2. The allegations and judgment of the parties

A. The gist of the Plaintiff’s assertion 1 is that the Plaintiff invested KRW 100 million in the instant new construction project implemented by C at the Defendant’s recommendation, and that amounted to KRW 50 million among them.