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 for the court's explanation concerning this case are as follows: "4, 10, 5, 10, 12 and 5 of the judgment of the court of first instance"; "49,600,000" of the judgment of the court of first instance shall be as "49,400,000"; " October 12, 2014" of the second part of the judgment of the court of second instance shall be as " October 12, 2004"; "the gist of the plaintiff's assertion" of the first part of the judgment of the court of first instance shall be as "(1) defendant's argument"; "the summary of the plaintiff's assertion" of the second part of the judgment of the court of first instance shall be as "(1) defendant's argument"; the following judgment of the court of first instance shall be added as stated in the main sentence of Article 420 of the Civil Procedure Act, except for the addition of the judgment of the second part

2. As to the added portion, the Defendant raised the first instance judgment, and the Defendant’s order is examined as follows.

First of all, on October 12, 2004, the Defendant presented 150 million won out of 370 million won, which the Plaintiff withdrawn from the Plaintiff’s ordinary bank account with cashier’s checks, at the branch account on the date of issuance. On October 13, 2004, KRW 100 million was deposited in the Plaintiff’s national bank deposit account (Y) and KRW 50 million was deposited in cash in the Plaintiff’s national bank deposit account on October 14, 2004, and it is irrelevant to the Defendant or the Defendant’s agent C, and the Defendant’s payment of intermediate payment on October 12, 2004 at the time, at the time near the Seoul Sungdong Hospital, which was hospitalized, was paid from the Plaintiff’s intermediate payment on the date of issuance. Thus, it is reasonable to view that the Plaintiff’s intermediate payment on October 12, 2007, which was paid at the time of this case’s intermediate payment on its own account.

According to the results of the order to submit financial transaction information as of June 27, 2014 to the Director of the National Bank Business Support Center of the court of first instance, Gap evidence 11-1-3 and the Director of the National Bank Business Support Center of the court of first instance, the plaintiff is the National Bank of Korea on October 12, 2004.