1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Summary of the parties' arguments;

A. On September 8, 2006, the Plaintiff lent KRW 70,000,00 to the Defendant on the same day, and KRW 30,000,000 to the Defendant on the same day. Since the Defendant paid only KRW 30,00,000 to C’s loan obligation, the Defendant is liable to pay the Plaintiff the borrowed amount of KRW 70,00,000 and the delay damages therefrom.

B. At the time of September 8, 2006, the Plaintiff acquired 7% of the shares of “D”, a company operated by the Defendant, and paid 70,000,000 won to the Defendant with its investments, and C also received 3% of the shares of “D” on the same day, and paid 30,000,000 won to the Defendant with its investments.

However, the defendant voluntarily returned 30,000,000 won to C at an intentional level upon the plaintiff's request.

Therefore, the defendant is not obligated to pay the above KRW 70,000 to the plaintiff.

2. The fact that the Plaintiff paid KRW 70 million to the Defendant on September 8, 2006, and KRW 30,000,000 to the Defendant on the same day by C does not conflict between the parties. However, in full view of the overall purport of the pleadings in Eul’s evidence Nos. 1, 3, and 4 (including serial numbers), the Defendant established and operated “D” which is a manufacturer of eco-friendly instruments, etc. around December 21, 2004; the Defendant prepared a memorandum of understanding on the development projects of Samsung Ireland Co., Ltd. on June 13, 2006 as the representative qualification; the Defendant received KRW 70,000,000 from the Plaintiff on September 11, 206 as the representative qualification of D; and the Defendant received KRW 70,000,000 from the Plaintiff on September 11, 206 the Plaintiff’s shares as the name of the Plaintiff’s shares; and the Defendant received KRW 700,005,700.