1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Basic facts

A. (1) Co-Defendant B and C of the first instance trial are the owner who has undertaken the construction of a new apartment house and neighborhood living facility on the F and G ground of Seoul Special Metropolitan City, Seoul Special Metropolitan City (hereinafter “instant construction”). Co-Defendant B and C of the first instance trial are the co-Defendant D of the first instance trial who has actually performed the construction work of the instant construction.

(2) The plaintiff is a person who loans funds related to the construction of this case to B, C, and D, and the defendant is a representative director of H in the contract for the construction of this case.

B. (1) The Plaintiff loaned KRW 420,910,000,000 to B, C, and D, from December 30, 2014 to September 14, 2015.

(2) The Plaintiff lent KRW 120 million out of the above loans 4229.1 million to B, C, and D, to the account in the name of the Plaintiff, which is the contractor of the instant construction project, directly deposited in the account in the name of the Plaintiff, which is the contractor of the instant construction project.

(v) May 4, 2015: KRW 23.6 million, KRW 6.4 million on May 5, 2015: KRW 6.4 million on May 22, 2015; KRW 40 million on May 14, 2015; KRW 50 million on September 14, 2015.

Done at September 14, 2015, the Defendant written and delivered to the Plaintiff a letter of payment stating that the Plaintiff will pay KRW 45,100,000,000,000,000 for all expenses and interests, including KRW 30,000,000,000,000 in total, as of the last borrowing date.

(2) On September 14, 2015, Defendant also drafted a payment note (Evidence 3, hereinafter “instant payment note”) stating that “The Plaintiff shall pay KRW 120 million, which the Plaintiff deposited into the H account in the name of the Plaintiff, to the Defendant jointly and severally with B, C, and D, and that it shall be null and void if the obligation and obligation between B, B, and C is resolved smoothly by the Plaintiff and C.” (hereinafter “instant payment note”).

(hereinafter referred to as the "Agreement in this case"). 【No dispute exists over the agreement in this case' (which is the ground for recognition), each entry in Gap evidence Nos. 2, 3, 9, and 13, and the purport of the entire pleadings.