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 parties' assertion

A. From May 11, 2009 to June 23, 2009, Plaintiff C lent a total of KRW 59.5 million to the Defendant, and the Plaintiff acquired the above loan claims, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 59.5 million and the damages for delay.

B. There is no borrowing KRW 59.5 million from Defendant C, and E merely borrowed a passbook in the name of the Defendant from the Defendant and used it for personal purposes by receiving KRW 59.5 million from Defendant C after borrowing the passbook in the name of the Defendant. Therefore, the Plaintiff’s request on a different premise cannot be complied with.

2. Determination

A. Upon considering that Gap evidence Nos. 1, 2-1, 2-1, 3-2, and 4-2 were added to the witness G and part of Gap evidence Nos. 4-2, the court below concluded the contract for the construction work of this case: ① The defendant, under the name of the defendant, deposited with the account (Account Number D; hereinafter referred to as "the account of this case") at the point of wholesale of the Guri-ri; KRW 9 million on May 11, 2009; KRW 5 million on May 13, 2009; KRW 9 million on June 4, 2009; KRW 200,000,000,000,000,000 won for the construction work of this case; KRW 1,500,000 on June 1, 200; and KRW 9,500,000 on June 13, 2009; and the defendant paid the remaining construction work price of this case within KRW 9.5 million.